Employee Manual

1. WELCOME 1

INTRODUCTORY STATEMENT 1

Our Vision 2

2. WHAT IT MEANS TO BE IN SERVICE 2

The Patient 2

Ideal Team Member 2

The Doctor’s Rules for the Team 3

3. THE PRACTICE’s RELATIONSHIP TO ITS EMPLOYEES 3

Nature of Employment 3

Employee Relations 4

Equal Employment Opportunity 4

Business Ethics and Conduct 5

Personal Relationships in the Workplace 5

Conflicts of Interest 6

Non-Disclosure (See Appendix) 6

Disability Accommodation 7

Protected Activity Under the NLRA 8

4. The basics of your employment 8

Employment Applications 8

Immigration Law Compliance 8

New Hire Reporting 9

Introductory Employment Period (Getting Acquainted Period) 9

Employment Categories 9

Access to Personnel records 11

Personal Data Changes 11

Personal Key and access code 11

Parking 12

Team Meetings 12

Supplies 12

Gifts to the Practice 12

Job Descriptions 13

Verification of Licenses and Certificates 13

5. WORK SCHEDULE 13

Breaks and Meal Periods 13

Recording Your Time 14

Leave of Absence 14

Pregnancy and Medical leave Reinstatement 15

Reinstatement From Personal Leave of Absence 16

6. ATTENDANCE AND UNEXCUSED ABSENCES 16

General Attendance and Promptness Policies 16

Inclement Weather & Emergency closing 16

7. DRESS CODE 17

Dress Policies for All Employees 17

Dress Standard for the Non-Clinical Team 17

Dress Standard for the Clinical Team 18

8. PROFESSIONAL CONDUCT 18

Telephone Personality 18

Addressing Others with Respect 18

Unprofessional Conduct 18

Drug and Alcohol Use 20

Off-Duty Social & Recreational Activities 21

Workplace Security & Monitoring 21

9. ANTI-HARASSMENT POLICIES 22

Equal Employment Opportunity 22

Employees with Disabilities 22

Harassment in the Workplace 23

Definition of Workplace Harassment 23

Definition of Sexual Harassment 24

Harassment by a Patient or other non-employee 24

Prohibition Against Retaliation 25

10. PROGRESSIVE CORRECTIVE COACHING 25

11. Performance Evaluation 26

12. SAFETY AND HEALTH 27

General Safety and Health Policies 27

Notice of Potential Exposure to Toxic Substances 29

Blood-borne Pathogens Standard 29

Hazard Communication Standard 30

Security of Personal Items 30

OSHA Compliance 30

Workplace Violence Prevention 31

Smoke Free Environment 32

Drugs and Alcohol 32

Prohibited Items 33

Contraband Policy Enforcement 33

13. Employee Benefits 35

Time Off Benefits 35

Vacation Benefits 35

Scheduling Vacations 36

Holidays 37

Sick Leave Benefits 38

Time Off to Vote 39

Time Off for Death in Family (Bereavement Leave) 39

Jury Duty 40

Witness leave 40

Military Leave of Absence 40

Nursing Mothers in the Workplace 41

Doctor Out of the Office 41

Birthdays as Holidays 41

Benefits Continuation (COBRA) 41

14. COMPENSATION AND PAY 42

Paychecks 42

Paycheck Errors 42

Exempt Employees 42

Overtime 43

On-Call/Wait Time 43

Employee Dental Treatment Plan 43

Social Security 44

Unemployment Insurance 44

Workers’ Compensation 44

Bonus Policy 44

Bonus Eligibility 45

Calculation of Overtime with Bonus 45

15. Training and Travel 45

Continuing Education 45

Verification of Licenses and Certificates 46

Business Travel 46

Traffic Violation 48

Vehicle Accident Reporting 48

When an Accident Happens 48

16. USE OF ELECTRONIC DEVICES, EMAIL, TELEPHONE AND INTERNET 49

Cameras and Other Imaging Devices 49

Cell Phone Use 49

Email and the Internet 49

Programs and Passwords 51

Social Media 51

Privacy 52

17. COOPERATION WITH INTERNAL AND EXTERNAL INVESTIGATIONS 52

18. PATIENT AND the Practice INFORMATION CONFIDENTIALITY 52

19. Visitors in the Workplace 53

20. SOLICITATION 53

21. FRATERNIZATION POLICY 54

22. OUTSIDE EMPLOYMENT 55

23. SEPARATION FROM EMPLOYMENT 56

Resignation 56

The Practice Property 56

Exit Interview 56

Employment References 57

24. Employment Termination 57

25. EMPLOYEE CONCERN REPORTING POLICY 58

26. Life-Threatening Illnesses in the Workplace 59

27. Suggestions 59

28. Security Inspections 60

29. Progressive Discipline 60

30. Problem Resolution 61

Dispute Resolution Process 63

Appendix A – Nitrous Oxide Use Policy 69

Appendix B – Attendance Policy Agreement 71

Appendix C- Alternative Dispute Resolution Policy 73

Appendix- D NONDISCLOSURE 76

APPENDIX E – PROGRESSIVE CORRECTIVE COACHING 79

APPENDIX F – Over Time Policy 80

Over Time Request Form 81

Appendix G – EMPLOYEE NOTICE OF DISCIPLINE 82

EMPLOYEE WRITTEN WARNING 85

APPENDIX H – EMPLOYEE TIME-OFF REQUEST FORM INSTRUCTIONS 86

EMPLOYEE TIME-OFF REQUEST FORM 87

APPENDIX I – Consensual Romance in the Workplace Agreement (Love Contract) 88

Acknowledgments of Receipt 91

Employer’s Acknowledgement & Effective Date 92

Acknowledgments of Receipt by Employee-Employer copy (core policies) 93

Texas Dental Center Employees:

This is our new Employee Handbook. Please review it and sign the attached acknowledgment and provide the acknowledgment to the office manager within 5 business days of receiving this document.

You may keep a copy of the Handbook if you wish, but a copy will always be available to you upon written request. If you do not wish to keep a copy, please return the Handbook to the office manager.

This Employee Handbook (the “Handbook”) was developed to describe some of the expectations of our employees and to outline the policies, programs, and benefits available to eligible employees. Employees should familiarize themselves with the contents of the Handbook as soon as possible, for it will answer many questions about employment with Texas Dental Center herein “the Practice”.

WELCOME

The team here at Texas Dental Center welcomes you as a new member. This Employment Handbook is being provided as an informational guide and summary of the policies and working conditions affecting your employment. These policies are intended to clearly communicate the standards and expectations for our employees, as well as to facilitate the consistent and fair administration of our employment program by our management team. Please read and become familiar with these polices and keep them as a reference during your employment. Questions regarding any policy should be directed to the Doctor.

INTRODUCTORY STATEMENT

This Handbook is designed to acquaint you with the Practice and provide you with information about working conditions, employee benefits, and some of the policies affecting your employment. This Handbook is not a contract and is not intended to create any contractual or legal obligations. You should read, understand, and comply with all provisions of the Handbook. It describes many of your responsibilities as an employee and outlines the programs developed by the Practice to benefit employees. One of our objectives is to provide a work environment that is conducive to both personal and professional growth.

No Handbook can anticipate every circumstance or question about policy. As the Practice continues to grow, the need may arise and the Practice reserves the right to revise, supplement, or rescind any policies or portion of the Handbook from time to time as it deems appropriate, in its sole and absolute discretion. The only exception is our employment-at-will policy permitting you or the Practice to end our relationship for any reason at any time. The employment-at-will policy cannot be changed except in a written agreement signed by both you and the President of the Company. Employees will, of course, be notified of such changes to the Handbook as they occur.

Customers are among our organization’s most valuable assets. Every employee represents the Practice to our customers and the public. The way we do our jobs presents an image of our entire organization. Customers judge all of us by how they are treated with each employee contact. Therefore, one of our first business priorities is to assist any customer or potential customer. Nothing is more important than being courteous, friendly, helpful, and prompt in the attention you give to customers.

The Practice will provide customer relations and services training to all employees with extensive customer contact. Our personal contact with the public, our manners on the telephone, and the communications we send to customers are a reflection not only of ourselves, but also of the professionalism of the Practice. Positive customer relations not only enhance the public’s perception or image of the Practice, but also pay off in greater customer loyalty and increased sales and profit.

Our Vision

We are in a continual process of creating a workplace that is both fun and exciting and that brings each of us a sense of personal fulfillment, joy, and pride in our work. We strive to develop a positive, nurturing and safe environment, so that our workday is both comfortable and energized. In our working relationships, we are committed to mutual respect, clear communication, and teamwork. Together, we will provide a patient experience that exceeds our patients’ expectations in every area of contact, so that when they leave, they are in optimal oral health and delighted to refer their friends and family to the Practice. Every day we must live the vision of the Practice. What will you do each day to amplify this vision?

WHAT IT MEANS TO BE IN SERVICE

The Patient

Each patient is a unique individual with special needs. In addition to their physical care and treatment, we must satisfy both their psychological and medical needs. We always communicate a caring and professional attitude to each person we meet. Everything we do is directed to attend to our patients’ comfort, total care and well-being.

Ideal Team Member

The ideal team member is highly motivated, demonstrates a sincere enthusiasm for their work, and a belief in their own ability to achieve goals. By taking ownership of each task performed, the ideal employee approaches each day with determination and confidence, demonstrating an unspoken commitment to self, and to doing the best job possible. The ideal employee works ethically without cutting corners, joyfully assists others, and takes initiative to achieve goals even when not assigned. Cooperation and communication are key elements of the ideal team. Each member of the ideal team understands the importance of their personal contribution to the whole. Each of us must have a strong desire to continually learn, develop and maintain excellent patient care skills. There are no obstacles we cannot overcome if we work as an integrated team pursuing the same goals.

The Doctor’s Rules for the Team

  1. It is okay not to like part of your job, but it is NOT okay to not do your job. In fact, you are not expected to like everything about your job. You are expected to do it, and do it well, for that is what you are paid to do.
  2. Everyone will be held to the same standard of work ethic, patient care and character. Beyond that, each employee will be treated in the manner that they have earned and deserve.
  3. You are expected to prove yourself each day. Tenure, credentials and years of experience do not substitute for results. No one is paying you to pace yourself or budget your efforts.
  4. Focus on what you can control; a victim’s mindset does not excuse a lack of accountability. You are responsible for your attitude, regardless of what happens around you.
  5. Loyalty is not the amount of time you put in; it’s what you put into the time.
  6. Be a gift to those around you, even if you are having a bad day.
  7. Lead by personal example.
  8. Add value to others on your team and the business as a whole. Be a giver, not a (paycheck) taker.
  9. The Practice the Golden Rule (“Do unto others…”) without exception.
  10. You are expected to become brilliant in the basics of your job. You do not have to do anything extraordinary on a daily basis. Just do ordinary things extra.­ ordinarily well.
  11. You are expected to become an “and then some” person. Do what is required, “and then some.” Hit your numbers, “and then some.” Keep your promises, “and then some.”
  12. Not only do I expect you to perform the technical part of your job well, I also expect you to share the office’s core values. Highly talented people with their heart in the wrong place are expendable.

THE PRACTICE’s RELATIONSHIP TO ITS EMPLOYEES

As an employer, it is the expectation of the Practice that everyone on our team treat each other and our patients with respect and dignity. It is our further goal to promote a work environment that values self-worth and at the same time, cooperation. With these dual goals in mind, we believe the whole of the Practice becomes greater than the sum of its individual members. This, in turn, creates an opportunity for you and the Practice to consistently experience a mutual benefit from our relationship and interaction to form the foundation for a successful employment relationship.

Nature of Employment

Employment with the Practice is voluntarily entered into and is “at-will,” which means that the employee is free to resign at will at any time, with or without notice or cause. Similarly, the Practice may terminate the employment relationship at any time, with or without notice or cause, so long as there is no violation of applicable federal or state law. No one has the authority to make verbal statements that change the at-will nature of employment, and the at-will relationship cannot be changed or modified for any employee except in a written agreement signed by that employee and All the owners of the Practice.

Policies set forth in this Handbook are not intended to create a contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between the Practice and any of its employees. The provisions of the Handbook have been developed at the discretion of management and, except for its policy of employment-at-will, may be amended or cancelled at any time, at the Practice’s sole discretion.

These provisions supersede all existing policies and the Practices and may not be amended or added to without the express written approval of the owners or person designated by the owners of the Practice.

Employee Relations

The Practice believes that the work conditions, wages, and benefits it offers to its employees are competitive with those offered by other employers in this area and in this industry. If employees have concerns about work conditions or compensation, they are strongly encouraged to voice these concerns openly and directly to their supervisors.

Our experience has shown that when employees deal openly and directly with supervisors, the work environment can be excellent, communications can be clear, and attitudes can be positive. We believe the Practice amply demonstrates its commitment to employees by responding effectively to employee concerns.

Equal Employment Opportunity

In order to provide equal employment and advancement opportunities to all individuals, employment decisions at the Practice will be based on merit, qualifications, and the needs of the company. The Practice does not unlawfully discriminate in employment opportunities or the Practices on the basis of race, color, religion, sex, national origin, age, disability, ancestry, medical conditions, family care status, sexual orientation, or any other basis prohibited by law.

The Practice will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship to the extent required by law. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training.

Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor or the Human Resources Department. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.

Business Ethics and Conduct

The successful business operation and reputation of the Practice are built upon the principles of fair dealing and ethical conduct of our employees. Our reputation for integrity and excellence requires careful observance of the spirit and the letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity.

The continued success of the Practice is dependent upon our customers’ trust and we are dedicated to preserving that trust. Employees owe a duty to the Practice, its customers, and its shareholders to act in a way that will merit the continued trust and confidence of the public.

The Practice will comply with all applicable laws and regulations and expects its directors, officers, and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct.

In general, the use of good judgment, based on high ethical principles, will guide you with respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the proper course of action, the matter should be discussed openly with your immediate supervisor and, if necessary, with the Human Resources Department for advice and consultation.

Compliance with this policy of business ethics and conduct is the responsibility of every employee of the Practice. Disregarding or failing to comply with this standard of business ethics and conduct could lead to disciplinary action, up to and including possible termination of employment.

Personal Relationships in the Workplace

The employment of relatives or individuals involved in a dating relationship in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried over into day-to-day working relationships.

For purposes of this policy, relatives are any persons who are related to each other by blood or marriage or whose relationship is similar to that of persons who are related by blood or marriage. A dating relationship is defined as a relationship that may be reasonably expected to lead to the formation of a consensual “romantic” or sexual relationship. This policy applies to all employees without regard to the gender or sexual orientation of the individuals involved.

Relatives of current employees may not occupy a position that will be working directly for or supervising their relative except as required by law. Individuals involved in a dating relationship with a current employee may also not occupy a position that will be working directly for or supervising the employee with whom they are involved in a dating relationship. The Practice also reserves the right to take prompt action if an actual or potential conflict of interest arises involving relatives or individuals involved in a dating relationship who occupy positions at any level (higher or lower) in the same line of authority that may affect the review of employment decisions.

If a relative relationship or dating relationship is established after employment between employees who are in a reporting situation described above, it is the responsibility and obligation of the supervisor involved in the relationship to disclose the existence of the relationship to management.

In other cases where a conflict or the potential for conflict arises because of the relationship between employees, even if there is no line of authority or reporting involved, the employees may be separated by reassignment or terminated from employment. Employees in a close personal relationship should refrain from public workplace displays of affection or excessive personal conversation.

All employees involved in personal relationship should file the Consensual Romance in the Workplace Agreement as shown in Appendix I.

Conflicts of Interest

Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which the Practice wishes the business to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation. Contact the Human Resources Department for more information or questions about conflicts of interest.

An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of the Practice’s business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage or whose relationship with the employee is similar to that of persons who are related by blood or marriage.

No “presumption of guilt” is created by the mere existence of a relationship with outside firms. However, if employees have any influence on transactions involving purchases, contracts, or leases, it is imperative that they disclose to an officer of the Practice as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties.

Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which the Practice does business, but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the Practice.

Non-Disclosure (See Appendix)

The protection of confidential business information and trade secrets is vital to the interests and the success of the Practice. Such confidential information includes, but is not limited to, the following examples:

  • acquisitions
  • compensation data
  • computer processes
  • computer programs and codes
  • customer lists
  • customer preferences
  • financial information
  • investments
  • labor relations strategies
  • marketing strategies
  • new materials research
  • partnerships
  • pending projects and proposals
  • proprietary production processes
  • research and development strategies
  • scientific data
  • scientific formulae
  • scientific prototypes
  • technological data
  • technological prototypes

All employees may be required to sign a non-disclosure agreement as a condition of employment. Employees who improperly use or disclose trade secrets or confidential business information will be subject to disciplinary action, up to and including termination of employment and legal action, even if they do not actually benefit from the disclosed information.

Disability Accommodation

The Practice is committed to complying fully with applicable disability laws and ensuring equal opportunity in employment for qualified persons with disabilities.

Hiring procedures have been reviewed and provide persons with disabilities meaningful employment opportunities. Pre-employment inquiries are made regarding only an applicant’s ability to perform the duties of the position.

Reasonable accommodation is available to all disabled employees, where their disability affects the performance of job functions to the extent required by law. All employment decisions are based on the merits of the situation and the needs of the company, not the disability of the individual.

the Practice is also committed to not unlawfully discriminating against any qualified employees or applicants because they are related to or associated with a person with a disability.

This policy is neither exhaustive nor exclusive. The Practice is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and all other applicable federal, state, and local laws.

Protected Activity Under the NLRA

Under federal law, employees (other than supervisors) have the right to self-organization, to form, join, or assist labor organizations or unions, and/or to engage in concerted activities for collective bargaining or other mutual aid or protection, without fear of retaliation by the employer. All employees who are union-free are encouraged to deal with management directly regarding any concern about your wages, hours, or other terms and conditions of employment. However, nothing in this handbook is intended to restrict covered employees from exercising their right to communicate with fellow employees about workplace issues, wages, hours, and other terms and conditions of your employment, or to alter their ‘at will’ status through a collective bargaining agreement.

The basics of your employment

Employment Applications

the Practice relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.

In processing employment applications, the Practice may obtain a consumer credit report or background check for employment. If the Practice takes an adverse employment action based in whole or in part on any report caused by the Fair Credit Reporting Act, a copy of the report and a summary of your rights under the Fair Credit Reporting Act will be provided as well as any other documents required by law.

Immigration Law Compliance

The Practice is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin.

In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with the Practice within the past three years or if their previous I-9 is no longer retained or valid.

Employees with questions or seeking more information on immigration law issues are encouraged to contact the Human Resources Department. Employees may raise questions or complaints about immigration law compliance without fear of reprisal.

New Hire Reporting

The Practice complies with state and federal law requiring us to report the name, address and social security number of each newly hired worker within 20 days of hire. These reports are matched by the state agency with child support records at the state and national levels to locate parents who owe child support, and can result in a garnishment of wages.

Introductory Employment Period (Getting Acquainted Period)

Your first 90 days of employment is a getting acquainted period. This is not to imply that you or we are obligated to continue the employment relationship for the entire 90 days. The getting acquainted period provides both you and the Practice an At-Will opportunity to consider and assess your work performance and whether you are a fit for this company. During this time, you will be assessed on productivity, cooperation, attendance, punctuality, and quality of work, among other things. Unless prohibited by state law, you will not be eligible for employee benefits or unemployment benefits during this period.

At the end of the 90-day getting acquainted period we may choose to designate you as a regular employee, or we may choose to terminate our employment relationship with you. Additionally, we may extend your 90-day getting acquainted period up to an additional 30 days at our sole discretion.

Once this getting acquainted period has ended and we have both determined that you are a good fit for our team and business, you will become eligible for regular employment. We may also choose to review your getting acquainted period with you and offer suggestions or points for improvement.

Employment Categories

It is the intent of the Practice to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, the right to terminate the employment relationship at will at any time is retained by both the employee and the Practice.

Each employee is categorized as either NONEXEMPT or EXEMPT from federal and state wage and hour laws.

  1. NONEXEMPT employees are generally paid based on hourly rate and are entitled to overtime pay under the specific provisions of federal and state laws.
  2. EXEMPT employees are excluded from specific provisions of federal and state wage and hour laws and generally are paid a salary, have certain management or professional duties, and are NOT entitled to overtime pay.

An employee’s EXEMPT or NONEXEMPT classification may be changed only upon written notification by the Practice management.

In addition to the above categories, each employee will belong to one other employment category:

  1. REGULAR FULL-TIME employees are those who are not in a temporary or introductory status and who are regularly scheduled to work the Practice’s full-time schedule (work at least an average of 30 hours per week). Generally, they are eligible for the Practice’s benefit package, subject to the terms, conditions, and limitations of each benefit program.
  2. REGULAR PART-TIME employees are those who are not in a temporary or introductory status and who are scheduled to work less than an average of 30 hours per week for the Practice. Generally, they are NOT eligible for the Practice’s benefit package, subject to the terms, conditions, and limitations of each benefit program.
  3. INTRODUCTORY employees are those whose performance is being evaluated to determine whether further employment in a specific position or with the Practice is appropriate. Employees who satisfactorily complete the introductory period will be notified of their new employment classification.
  4. TEMPORARY employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change. While temporary employees receive all legally mandated benefits (such as workers’ compensation insurance and Social Security), they are ineligible for all of the Practice’s other benefit programs.

Access to Personnel records

Employees are not permitted to view the contents of any other employee’s personnel file, unless legitimately necessary due to your position and responsibilities. The Practice will maintain two separate personnel file records for each employee. These files will be retained for at least one years. Your payroll records may be retained for at least three years. These files are the property of the Practice, and access is restricted. The first file contains general records such as your application, emergency information, performance reviews, progressive discipline documents, wage and hour records, etc. This file is available to you for review upon request at reasonable intervals, with five business days’ advance notice, and under the supervision of management. You may copy the documents in the file in accordance with state law, or otherwise with the permission of the Practice. If, after such review, you believe any records or information in your general personnel file are inaccurate, you may submit a written request to have them corrected. Management will either correct the disputed information or explain in writing why your request was not granted. Your request, as long it is factual and directly relevant to your performance and/or qualifications, will be kept in your file.

The second file, if needed, contains confidential information such as medical records, workers compensation documents, pre-employment reference letters, legal documents, investigatory materials, and other documents which are sensitive in nature. The contents of this file are kept in a secure location and are not available to you or anyone except those persons we specifically authorize on a “need-to-know” basis. Further, the contents of this file will not influence employment decisions about you without your permission.

Personal Data Changes

The Practice seeks to maintain up-to-date, accurate and complete personnel files. Thus, it is the responsibility of each employee to promptly notify the Practice of any changes in personal data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, marital status, beneficiary designations, deductions, and any other pertinent information and other such status reports should be accurate and current at all times.

Personal Key and access code

If during your employment with us you are issued a key(s) or access code (alarm pin code) to the building or internal offices, it is your responsibility to keep them secure. You are not permitted to allow anyone, including other employees, the use of your keys or access code. In the event you lose your keys, you must immediately notify management.

Upon separation from the Practice, you will be asked to return all keys. If you fail to return the key(s), the Practice will levy a charge of $250.00 to cover the cost of re-keying the office. This charge may be deducted from your final paycheck, with your written authorization, or other payment arrangements will need to be made. The Practice reserves the right to pursue amounts owing by any legal means.

Parking

Employee parking is available on a first-come, first-serve basis away from the main entrance of the building. Parking closest to the main entrance should be left open for our patients to have easy access to our clinic. The employee should not leave his or her car overnight in the parking spot. The Practice does not assume any liability nor provide any security measure for the parked cars.

Team Meetings

The goal of team meetings is to maintain open communication between management and all team members and to have an uninterrupted time when the entire team can get together to problem solve, set goals, modify office policy, brainstorm ideas for improved patient care, and to motivate our team. The input of each team member is very important to the growth of our office. Team meetings will be held at the Doctor’s discretion, or as needed.

These meetings will be positive and constructive. If you see a problem in the office, please bring 2 to 3 suggestions for solving the problem. At least one of the suggestions should not involve the use of money. Use active listening in problem solving. Finding fault or placing blame is not part of this office.

The Doctor, the Practice manager, or management company will facilitate all team meetings, as well as determine the Agenda.

Attendance at team meetings is mandatory. All employees will be paid for their time if the meeting is not held during the employee’s scheduled work hours. Major system changes should not be made without first discussing them at the team meeting.

Huddles may be held at least 10 minutes before the first patient arrives each shift and last about 5

minutes. This time is used to review our Vision, the day’s schedule and communicate potential problems. Each team member will be on time for this meeting.

Supplies

Personal use of office and dental supplies is not permitted without express permission by the Practice. Dental products offered in our office can be purchased for home use from the office at the Practice’s cost.

Gifts to the Practice

Promotional items, gifts received by the Practice, “free gifts” that are received with supply orders, etc., shall be the property of the Practice, and are to be shared equally among the team. Taking the gift home with you without permission is forbidden, unless no one else in the office wants the gift. Please share. If a gift cannot be shared (for example, a stuffed animal, a CD player, etc.), it shall be deemed the property of the Practice. Such items may be given to an individual team member from time to time, and the method of deciding which team member receives the gift shall be as fair and equitable as possible.

Job Descriptions

The Practice maintains job descriptions to aid in orienting new employees to their jobs, identifying the requirements of each position, establishing hiring criteria, setting standards for employee performance evaluations, and establishing a basis for making reasonable accommodations for individuals with disabilities.

The Human Resources Department and the hiring manager prepare job descriptions when new positions are created. Existing job descriptions are also reviewed and revised in order to ensure that they are up to date. Job descriptions may also be rewritten periodically to reflect any changes in position duties and responsibilities. All employees will be expected to help ensure that their job descriptions are accurate and current, reflecting the work being done.

Employees should remember that job descriptions do not necessarily cover every task or duty that might be assigned, and that additional responsibilities may be assigned as necessary. Contact the Human Resources Department if you have any questions or concerns about your job description.

Verification of Licenses and Certificates

If you work in a position that requires licenses or certificates, you are required to keep them current at your own expense, unless expressly approved in advance, at the sole discretion of the Practice. Time spent in continuing education courses needed to maintain your license to perform your current job should be scheduled outside of work hours, and is not compensable time.

WORK SCHEDULE

Because of the nature of our business, your work schedule may vary depending on your job. Our normal business hours are Monday through Friday 9:00 A.M. to 6:00 P.M.; and Saturday 9:00 a.m. to 4:00 p.m.; and any other times and days that may be necessary to insure the success of the Practice. The Doctor, Office manager, or management company will determine your work schedule and communicate it to you. Employee’s hours may be earlier or later than clinic hours to meet the needs of the Practice. Your schedule and/or number of hours may be changed at any time, with as much notice to you as possible. Employees are responsible for knowing their schedule and being available for work when required.

Breaks and Meal Periods

Employees are permitted to take brief breaks as necessary during the workday for hygiene, to use the restroom, or for a quick snack. Employees are expected to keep such breaks to a minimum, and only at times that do not disrupt patient care. Taking excessive breaks is not allowed and will subject an employee to corrective action. Break periods may not be used to cover late arrival or early departure. Employees should inform the Practice manager prior to taking any break.

Non-exempt employees are provided one unpaid meal break of at least 30 minutes for each eight-hour work shift. Please clock in and out for lunch by computer, and if you leave the premises, bear in mind your meal period includes travel time, so please plan accordingly. Your lunch period will be scheduled to accommodate a productive flow of the workday.

An employee break/lunch room has been provided for your use. All food and drink is to be stored and consumed in this room. Every employee is responsible for cleaning up after him or herself immediately following the use of The Practice amenities, including kitchen appliances, restroom, break room, utensils, and plates. No food or drink is permitted in any clinical areas of the facility.

Recording Your Time

Non-exempt employees are required to keep an accurate record of time worked so that the Practice can accurately calculate your pay and benefits eligibility. Time entries must be recorded at the start and end of each day, and for any unpaid meal breaks.

Time entries should be made as you come and go to ensure accuracy of the time worked. If hours are not recorded properly, you may not be paid in a timely manner. Timesheets are reviewed for accuracy and approval, but it is the responsibility of the employee to keep track of their compensable time worked.

You must be ready to work at the time you clock in, and clock out when your duties are complete. “Padding the clock” is considered fraud and grounds for termination. likewise, altering, falsifying, and/or tampering with time records, or recording time on another employee’s record is prohibited, and will result in disciplinary action, up to and including termination of employment. All changes to time entries must be approved by management.

Leave of Absence

The Practice grants leaves of absence (medical, personal, family, and pregnancy-related) to regular, full-time employees who are meeting performance and attendance standards, and who have been employed for the preceding twelve-month period, for reasons acceptable to the Practice and in accordance with applicable state and federal law.

All leaves of absence must be pre-approved by management. Medical and pregnancy-related leaves may require a doctor’s statement as to the inability to continue working. Employees anticipating a leave of absence must submit a request no less than thirty days (30 days) prior to the requested start of leave. When leave is not foreseeable, employees are required to provide as much notice as is practical.

Employees may request up to-six-work weeks of unpaid leave within any 12-month period. Employees are required to use any accrued paid leave time concurrently with an approved leave of absences. Request for part-time or light duty may also be considered. If the initial period of approved absence proves insufficient, consideration will be given to a request for an extension.

Leaves must have a specific duration and return-to-work date determined at the time the leave is granted. Employees on leave are expected to keep their office manager advised as to their status and their intent to return to work. Failure to return to work on the specified date without an approved extension will be considered job abandonment and treated as a voluntary resignation.

Extensions for up to thirty days may be granted upon request at the discretion of the Practice. The Practice reserves the right to require an examination by a physician of its choice if there is a question regarding the employee’s physical ability to start or remain on a medical leave status. Employee will be liable for all direct and indirect medical examination costs. Employees on leave are expected to comply with applicable company policies, such as confidentiality, and conflict-of-interest policies. Failure to comply with applicable policies may lead to discipline, including discharge, during or upon return from any leave.

Benefits such as vacation, and seniority do not accrue during unpaid leave. Any employer sponsored insurance benefits, if available (i.e., life or medical) will be paid by the Practice until the leave begins, and thereafter, must be continued at the sole expense of the employee in order to remain in force. If the amount is paid in advance, the employee is responsible for the prorated amount occurred due to leave of absence started in middle of the month. You may pay any such premiums through increased payroll deductions before your leave begins, or, if you prefer, through separate payments made by you to the Practice every payroll period. This policy does not create a contract between the company and any person for employment or entitlement to benefits.

Employees who sustain work-related injuries are eligible for a medical leave of absence for the period of the disability, in accordance with all applicable laws covering occupational disabilities.

Pregnancy and Medical leave Reinstatement

In addition to the above provisions, to resume expected job duties after leave of absence for medical or pregnancy reasons, an employee returning to work may be required to provide a written release from a licensed physician listing any restrictions. All medical information will be maintained in confidence.

Leaves for pregnancy are treated like any other medical leave. Employees on leave have no greater right to employment than if they had been continuously at work. Changes in hours, schedules, duties, jobs, benefits, pay, and the like may occur because of business needs. Furthermore, employees on leave are subject to any layoff or reduction in force as permitted by applicable law.

Reinstatement From Personal Leave of Absence

Reinstatement cannot be guaranteed to any employee returning from family or personal leave. We endeavor, however, to place employees returning from leave in their former positions or positions comparable in status and pay, subject to budgetary restrictions, available vacancies, state and federal regulations and guidelines and our ability to find qualified temporary replacements.

Employees on leave have no greater right to employment than if they had been continuously at work. Changes in hours, schedules, duties, jobs, benefits, pay, and the like may occur because of business needs. Furthermore, employees on leave are subject to any layoff or reduction in force as permitted by applicable law. Again, automatic return to the job held at the time of the leave is not guaranteed nor is return to a job at the same level.

So that an employee’s return to work can be properly scheduled, an employee on leave of absence is requested to provide the Practice with at least one week’ advance notice of the date the employee intends to return to work. If an employee fails to return to work on the agreed-upon return date, the Practice will assume that the employee has resigned.

ATTENDANCE AND UNEXCUSED ABSENCES

General Attendance and Promptness Policies

Employees are expected to arrive on time as scheduled, and to notify management as soon as practical in the event that you are unable to show up for a scheduled shift as expected. Notifying management should be done in accordance with the call out procedures indicated in the Time Off section later in this Handbook. Excessive unexcused tardiness or absences is grounds for corrective action, up to and including termination of employment. Employees who fail to call in or show up for a scheduled shift without notification to management for two consecutive shifts will be considered to have abandoned their position. For the care and safety of our patients, leaving company property during work time without permission may subject you to discharge. Details of attendance policy is described in the ‘Attendance Policy’ in Appendix.

Inclement Weather & Emergency closing

In the event of inclement weather, natural disaster, or power outage causing the office to be closed, or the hours of operation to change, we will attempt to contact each employee to inform you of the new schedule. Hours you do not work due to the office being closed are not paid. Otherwise, you should make every effort to show up as scheduled as safety permits. The final decision of whether or not to drive to work must be made by each individual employee. Follow standard procedure for notifying the Practice as soon as you know of any absence or tardiness due to weather or other emergency situations.

DRESS CODE

A professional and clean appearance plays a vital role in how we are perceived by our patients, visitors, and each other. Employees are expected to dress tastefully and professionally at all times. Employees who show up for work dressed inappropriately are subject to our progressive discipline policy, and/or may be sent home to change and not paid for the time it takes until their return. If there are any questions about what attire is appropriate, please ask your office manager.

Dress Policies for All Employees

• Absolutely no chewing gum (mouthwash or breath spray is acceptable when needed)

• No facial or tongue piercing and No Visible Tattoos

• No T-shirts.

• No shorts, sweats, leggings, or ripped jeans

• No tank tops or other overly revealing tops, No see-through clothing.

• No thong or open-toe shoes

• All clothing must be clean, pressed, well-fitting (not overly tight) and in good repair

• Perfumes, cologne, and other scented products must be worn with restraint

• Hair should have a dry, clean, trimmed and professional look. Long hair should be pulled back from the face.

• Fingernails should be professional length with natural, clear, or other muted nail polish, if any.

• Jewelry must be simple, discreet, and worn in moderation.

• Back office Clinical Team may not wear any jewelry other than Wedding Rings- OSHA

• Undergarments must not be visible.

• Skirts and dresses must be no shorter than four fingers above the knee

• Men must be clean-shaven or facial hair kept clean and trimmed.

• No hats or other head coverings, except those worn for religious purposes.

• No jeans

• Oral hygiene must be maintained in an exemplary fashion.

Dress Standard for the Non-Clinical Team

The dress standard for non-clinical employees is the Practice provided scrub tops and bottoms.

Dress Standard for the Clinical Team

The dress standard for the clinical team is the Practice provided scrub tops, bottoms and matching clinical jackets. Doctors may wear business casual attire with an optional clean and pressed lab coat or scrub tops and bottoms. All clinical team are to wear clean, closed toe, closed heel shoes with low heels. No CLOGS is allowed at any time.

If your supervisor feels that your personal appearance is inappropriate, you may be asked to leave the workplace until you are properly dressed or groomed. Under such circumstances, you will not be compensated for the time away from work. Consult your supervisor if you have questions as to what constitutes appropriate appearance. Where necessary, reasonable accommodation may be made to a person with a disability.

PROFESSIONAL CONDUCT

Telephone Personality

Courtesy and consideration are a must every time we answer the phone, regardless of our mood at the time. If your duties include answering the telephone, even if you are helping out temporarily, you should be eager to assist the caller in any way possible and to offer the caller an opportunity to experience the best of our service.

Addressing Others with Respect

You are expected to be courteous and professional in your interaction with team members, the doctor, and especially our patients. Patients are to be referred to in the manner that they prefer, either by first name, nickname, or by last name proceeded by the appropriate title (Mr., Mrs., Miss, Dr., etc.) or as “Sir” or “Ma’am”. If you are uncertain as to how to address a patient, always err on the side of caution and address them with appropriate respect (again, Mr., Mrs., etc.). Doctors of the Practice are always to be referred to with the courtesy title of “Doctor”.

When communicating with patients, employees are expected to project a professional and positive image of the Practice, to avoid rude or over-personal commentary, and to keep conversations focused on the patient, and the patient’s care. Use good judgment, and pay attention to the patient’s response. If you detect discomfort, or get into a topic that may cause someone to feel uncomfortable, politely change the subject.

Unprofessional Conduct

The success of our business is dependent upon the professional conduct of every team member. Unprofessional conduct can take any variety of forms. It would be impossible to list every type of conduct that falls into this category. Nonetheless, we offer the following guidelines for the type of behavior that is considered unprofessional in case there is any question as to what is expected of you. Any of the following actions constitutes a violation of policy and may subject an employee to disciplinary action, up to and including immediate termination:

  1. Habitual or excessive absences or tardiness;
  2. Unauthorized use of telephones, email, computers, or other company equipment;
  3. Attending to personal business while scheduled to be working;
  4. Working unauthorized overtime;
  5. Destruction, misuse, or abuse of office property;
  6. Refusal to work scheduled or emergency overtime;
  7. Mishandling, misappropriation, or unauthorized removal or possession of funds or property of the Practice, other employees, or patients;
  8. Threatening, intimidating, coercing, or otherwise interfering with the job performance of fellow employees.
  9. Unsatisfactory work performance;
  10. Unauthorized use or release of confidential patient information or records;
  11. Unauthorized use or disclosure of confidential or proprietary information of the
  12. The Practice, such as, without limitation, patient lists, the Practice’s financial
  13. information, treatment methodologies, or strategic plans.
  14. Falsifying, destroying or altering any record including your application for employment;
  15. Refusal of a request from management, including but not limited to refusal to sign a Corrective Action notice, performance review, or other acknowledgment of company policy;
  16. Failure to use good hygiene, to properly use safety equipment or follow safe the Practices;
  17. Illegal activity of any kind;
  18. Possession of firearms, illegal drugs or alcohol at the workplace, unless otherwise authorized by law;
  19. Engaging in work that, in our opinion, is competing with our the Practice, or creates a conflict of interest;
  20. Any conduct that is a violation of rules or ethical standards of any governing board or agency;
  21. Unprofessional communications, examples of which may include: threats of harm, mental or verbal abuse, maliciously false statements, gossiping about a patient, vendor, or competitor, any communication deemed in violation of the anti-harassment or non-discrimination policies of the Practice, rudeness or disrespectful communications towards a patient, and/or disparaging the Practice’s services provided to patients.
  22. Retaliation against anyone participating in bringing an employee concern to our attention;
  23. Lying to a member of management, including the falsification of any time record, or entering time for another employee.
  24. Theft or inappropriate removal or possession of property
  25. Falsification of timekeeping records
  26. Working under the influence of alcohol or illegal drugs
  27. Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty or while operating employer-owned vehicles or equipment
  28. Fighting or threatening violence in the workplace
  29. Boisterous or disruptive activity in the workplace
  30. Negligence or improper conduct leading to damage of employer-owned or customer-owned property
  31. Insubordination or other disrespectful conduct
  32. Violation of safety or health rules
  33. Smoking in the workplace
  34. Sexual or other unlawful or unwelcome harassment
  35. Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace
  36. Excessive absenteeism or any absence without notice
  37. Unauthorized disclosure of business “secrets” or confidential information
  38. Violation of personnel policies

Nothing is this policy is intended to change the company’s at-will employment policy. Employment with the Practice is at the mutual consent of the Practice and the employee, and either party may terminate that relationship at any time, with or without cause, and with or without advance notice.

Drug and Alcohol Use

It is the Practice’s desire to provide a drug-free, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.

While on the Practice premises and while conducting business-related activities off the Practice premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.

Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment, and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences.

Employees with questions or concerns about substance dependency or abuse are encouraged to discuss these matters with their supervisor or the Human Resources Department to receive assistance or referrals to appropriate resources in the community.

Employees with problems with alcohol and certain drugs that have not resulted in, and are not the immediate subject of, disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program through the Practice’s health insurance benefit coverage. Leave may be granted if the employee agrees to abstain from use of the problem substance and abides by all the Practice policies, rules, and prohibitions relating to conduct in the workplace; and if granting the leave will not cause the Practice any undue hardship.

Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor or the Human Resources Department without fear of reprisal.

Off-Duty Social & Recreational Activities

Off-Duty Social & Recreational Activities During the year, the Company may sponsor social or recreational activities for Team Members. Your attendance at such social activities is completely voluntary and not work-related. The Practice will not be liable for payment of workers’ compensation benefits for any injury that arises out of an employee’s voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee’s work-related duties.

Workplace Security & Monitoring

The Practice has developed guidelines to help maintain a secure workplace. All Employees should be aware of people loitering for no apparent reason in parking areas, walkways, entrances and exits, and service areas. Report any suspicious person or activities to your Supervisor. Secure your desk or office at the end of the day. When called away from your work area for an extended length of time, do not leave valuable and/or personal articles in or around your workstation that may be accessible. The security of facilities as well as the welfare of our Team Members depends upon the alertness and sensitivity of every individual. Notify your supervisor immediately when you see people acting in a suspicious manner in or around the facilities, or when keys, security passes, or identification badges are missing. Workplace monitoring may be conducted by the Company to ensure quality control, safety, security, and customer satisfaction.

  • Employees who regularly communicate with customers may have their telephone conversations monitored or recorded. Telephone monitoring is used to identify and correct performance problems through targeted training;
  • Computers furnished to employees are the property of the Company; therefore, computer usage and files may be monitored or accessed;
  • Selected Employees or contractors of the Practice are given keys/door cards and security system access. Keys/cards and security access are given with the aim of increasing productivity if Employees or contractors work during times other than normal business hours. Building access is given to Employees or contractors for the sole purpose of working for the Practice. Building keys/cards remain the property of the Practice. Do not lend your assigned building key/card to anyone, including other Employees of the Practice. Any violation of the building key/card and security access policies are grounds for disciplinary action up to and including termination of employment.
  • The Practice may conduct video surveillance of non-private workplace areas. Video monitoring is used to identify safety concerns, maintain quality control, detect theft, and misconduct, and prevent acts of harassment and workplace violence. Because the Practice is sensitive to the privacy rights of Employees, every effort will be made to guarantee that workplace monitoring is done in an ethical and respectful manner.
  • Employees should not have any expectation of privacy in work-related areas.
  • Employees should contact their supervisor if they have questions about this policy.

ANTI-HARASSMENT POLICIES

Equal Employment Opportunity

The Practice is an equal opportunity employer. This means that the Practice will base its employment decisions on merit, qualifications, competence, and business needs as determined by management. Employment the Practices shall not be influenced or affected by an applicant’s or employee’s age, race, color, religion, national origin, citizenship status, gender, disability, veteran status, marital status, or any other protected class.

As an organization, the Practice is committed to these ideals as they relate to selection, employment, job assignment, promotions, compensation, benefits, disciplinary actions, training opportunities and all other terms and conditions of employment. Further, any employee found to be engaging in any type of unlawful discrimination, when by action, comment, or otherwise, will be subject to disciplinary action, up to and including termination of employment.

If you feel that you have experienced or witnessed unlawful discrimination, you should report such conduct immediately, utilizing the procedures set forth in the Employee Concern Reporting Policy. If you have questions or concerns about discrimination in the workplace, please share these issues with your office manager, or any member of management. Your complaints and/or concerns will be kept confidential to the extent possible. Further, the Practice prohibits any form of retaliation against any employee who in good faith raises concerns or makes reports or complaints about discrimination or assists in a complaint investigation.

Employees with Disabilities

The Practice complies with applicable state and federal laws which provide for nondiscrimination in the terms and conditions of employment and the provision of reasonable accommodations for qualified individuals with disabilities. Such laws may not apply to us unless we have 15 or more employees. Therefore, though we will not discriminate against any person with a disability, we may not be required or able to provide an accommodation. If you feel you are a qualified individual with a disability and need an accommodation to perform your job, you should make such an accommodation request to management. After proper assessment, management will advise you of our decision on your accommodation request.

If you feel you are a qualified individual with a disability and need an accommodation to perform your job, you should make such an accommodation request to management. Upon receipt of the accommodation request, management will work with you in seeking a reasonable accommodation that enables you to perform the essential functions of your job, as long as such accommodation does not pose an undue hardship on the Practice. After proper assessment, management will advise you of our decision on your accommodation request.

All medical-related information is maintained in separate confidential files and will be kept confidential to the extent possible. While the Practice strives to allow only those persons with a need-to-know purpose to be apprised of any medical or other information concerning your accommodation request, it should be noted that some disabilities or accommodations may be apparent to other team members.

Harassment in the Workplace

The Practice is committed to maintaining a work environment that encourages and fosters appropriate conduct and respect for individuals. Accordingly, the Practice has adopted this policy in order to create a work environment free from discrimination of any kind, including sexual harassment and harassment based upon gender, race, color, national origin, religion, disability, sexual orientation, age or any other protected characteristic. Although there is a great emphasis in the business community on sexual harassment, the Practice wishes to emphasize that all forms of illegal harassment are unacceptable. This is not to diminish how we feel about sexual harassment, but to elevate in your mind that harassment based on any protected category will not be tolerated. Accordingly, the Practice will not tolerate harassment by or of any the Practice employee, non-employee, vendor, or workplace visitor in any form, whether verbal, physical or by innuendo. Any employee violating this policy shall be subject to disciplinary action, up to and including termination of employment. Any employee who feels that (s)he or another employee or patient is a victim of such harassment should immediately report the matter to the operations manager or any other member of management as part of the Employee Concerns Reporting Policy detailed further below.

Definition of Workplace Harassment

Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of the individual’s gender, race, color, national origin, religion, disability, sexual orientation, age, or any other protected characteristic. Harassing conduct may include, but is not limited to the following:

• Epithets, slurs, comments or questions reflecting stereotypes and threatening intimidation or hostile acts that relate to or are based on gender, race, color, national origin, religion, disability, sexual orientation, age or any other protected characteristic;

• Displays of any kind, whether electronic or in hard form, of objects, pictures, posters, calendars or cartoons that are vulgar or sexually suggestive or which are offensive or degrading to a person or group of persons based upon gender, sexual orientation, race, ethnic group, religion, age, disability or other protected characteristic.

Definition of Sexual Harassment

Sexual harassment is defined as making unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature a condition of continued employment; making submission to or rejection of such conduct the basis for employment decisions affecting the employee; or engaging in conduct that unreasonably interferes with the employee’s work performance or creates a hostile, intimidating or offensive work environment.

Examples of such conduct include, but are not limited to:

• Requesting sexual favors in exchange for favorable reviews, assignments, promotions, continued employment or promises of the same;

• Comments or questions about an individual’s body, sexual preference, sexual prowess or sexual deficiencies; and the use of sexually degrading or vulgar words to describe an individual;

• Touching, leering, whistling at or brushing against the body, or sexually suggestive, insulting or obscene comments or gestures;

• Display in the workplace of objects, pictures, posters, calendars or cartoons that are vulgar or sexually suggestive or that are offensive in a sexual manner;

You should understand that the Practice’s definition of impermissible conduct might be broader than the legal definition. Nevertheless, the Practice will hold you responsible for maintaining both internal as well as legal standards. The Practice recognizes that sometimes it can be difficult to know what constitutes harassment since people and their perceptions and sensibilities are different and can change. Comments, jokes or personal advances that you may perceive as innocent or funny may be offensive to a coworker. You should know that even innocent intentions do not excuse actions that are unwanted and that are reasonably perceived as threatening or offensive. Therefore, the Practice encourages you to avoid misunderstandings by acting professionally, treating others with respect and avoiding conduct that others could misinterpret either as welcoming inappropriate conduct or as being inappropriate conduct.

Harassment by a Patient or other non-employee

the Practice strongly condemns any type of harassment imposed to its employees. In any event of such harassment the Practice may conduct a thorough investigation. While employees’ conduct can be regulated, patients’ or other non-employee’s behavior and conduct are not subject to the same control. If any employee feels uncomfortable, threatened or harassed by a patient or a non-employee, that employee should immediately report the situation so that appropriate action can be undertaken. Remedies to these types of situations may include but are not limited to asking the patient or non-employee to refrain from the offensive behavior, removing the employee from areas where interaction with said patient or non-employee can be reasonably anticipated, and ultimately asking the patient not to return to the Practice.

Prohibition Against Retaliation

The Practice prohibits any form of retaliation against any employee who, in good faith, files a complaint, assists in a complaint investigation, or otherwise opposes an unlawful employment the Practice. Employees are encouraged to report unlawful employment the Practices to the Practice, and to cooperate in any investigations of the same. Complaints will be kept confidential, to the extent possible, while an investigation is undertaken. All complaints will be taken seriously. However, if after investigating a complaint, the Practice determines that the complaint was not made in good faith or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who filed the complaint or who gave false information. If you believe that you have suffered unlawful retaliation in violation of this policy, please follow the reporting procedures outlined later in these Policies.

PROGRESSIVE CORRECTIVE COACHING

Progressive corrective coaching is a process designed to identify and correct problems or behaviors that affect an employee’s work performance and/or the overall performance of the Practice. It is the intent of the Practice to handle this process consistently with each employee and for each problem. The goal is twofold. One is to create a record of an employee’s progress and performance to assist with performance assessment. The second is to clearly communicate the expectations of the Practice to the employee so that the employee has an opportunity to self-correct any issues. It in no way modifies the at-will status of your employment.

The Progressive Corrective coaching process refers to the steps outlined below. In determining the proper course of corrective action, and at the discretion of the Practice, management may repeat, modify, or skip any step based on the facts of the specific case. For example, in cases determined to be of a serious nature, immediate termination of employment may be warranted. Each case will be considered on an individual basis. Corrective action notices, even if verbal, may be kept in an employee’s file indefinitely.

The corrective action process may include any or all the following steps:

• Verbal Counseling – An informal verbal communication intended to bring concerns to your attention for your correction. While no formal disciplinary record is made, a notation in your personnel file may be made of the date and nature of the problem and expected corrections of actions.

• Written Counseling – A discussion is conducted between the Practice and the employee and a written record of our concerns is created. You will be asked, and expected, to change your behavior in a specific manner within an appropriate time frame and to acknowledge by your signature that the counseling was received.

• Final Written Warning – One or more continued failures to meet expectations may warrant this step, in which a document is created as above, with the understanding that any further failure to meet the expectations of your position will likely result in termination.

• Fact Gathering Suspension – For serious infractions requiring further investigation, you may be suspended. If you are terminated while on suspension, you will be notified of the termination date, which will not be later than your last day worked. If you are excused or exonerated, you will be paid for your scheduled time while suspended. If your employment is continued despite our conclusion of your responsibility for the suspected violation or wrongdoing, the time off will be without pay.

• Termination – Terminations may occur immediately, or after written warnings are issued to employees who fail to meet performance or behavioral expectations. Terminations may also occur because of an employee’s refusal to sign a corrective action notice or acknowledgement of receipt of company policy

Performance Evaluation

Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis. A formal written performance evaluation will be conducted following an employee’s introductory period. Additional formal performance evaluations are conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage, and recognize strengths, and discuss positive, purposeful approaches for meeting goals.

The Practice maintains a policy of evaluating the job performance of its employees as a means of measuring efficiency and effectiveness of our operations, providing employees with meaningful information about their work, and aiding management in making personnel decisions related to such areas as training, compensation, promotion, job assignments, retention, and long-range planning of our operations. Evaluations of employees are intended to be participatory in nature, involving the employee’s input as much as that of management, thereby helping employees to contribute to the betterment of the Practice.

During your initial year of employment, full-time employees will be evaluated during and after the initial 90 days of employment. The next review will be scheduled at the Practice’s discretion and/or as needed. The Practice does not issue pay raises in conjunction with evaluations. The Practice will attempt to give employees notice prior to the evaluation time in order for both parties to prepare and thereby make the evaluation session more productive and meaningful. No evaluation, either scheduled or unscheduled alters your at-will status, nor creates an obligation to continue your employment. In addition, the reviews do not automatically lead to an increase in pay and the Practice does not give a routine annual cost of living increase; however, employees may be periodically awarded salary increases based upon job performance.

Among the factors evaluated during the formal performance reviews are your quality and quantity of work, work habits, interpersonal relations, cooperation, and adaptability to job conditions. You will be given an opportunity to meet with the evaluating office manager to openly and candidly discuss areas of successful performance and areas of improvement, or areas that are unacceptable, as well as any future goals for your employment with the Practice.

SAFETY AND HEALTH

General Safety and Health Policies

To assist in providing a safe and healthful work environment for employees, patients, and visitors, the Practice has established a workplace safety program. This program is a top priority for the Practice. The Practice has responsibility for implementing, administering, monitoring, and evaluating the safety program. Its success depends on the alertness and personal commitment of all. The Practice expects its employees to work together and stay aware of the surroundings to achieve a safe and healthy environment. Each employee is responsible for being aware of best safety the Practices, thinking defensively, anticipating unsafe situations, and reporting unsafe conditions immediately.

The Practice provides information to employees about workplace safety and health issues through regular internal communication channels such as supervisor-employee meetings, bulletin board postings, e-mail, memos, or other written communications.

Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with their supervisor, or with another supervisor or manager, or bring them to the attention of the Human Resources Department. Reports and concerns about workplace safety issues may be made anonymously if the employee wishes. All reports can be made without fear of reprisal.

Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations may be subject to disciplinary action, up to and including termination of employment.

In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify the Human Resources Department or the appropriate supervisor. Such reports are necessary to comply with laws and initiate insurance and workers’ compensation benefits procedures.

Each member of the team is responsible for being aware of best safety the Practices, thinking defensively, anticipating unsafe situations, and reporting unsafe conditions immediately.1n addition, please observe the following precautions:

1. Notify management of any emergency situation. If you are injured or become sick at work, no matter how slightly, you must inform management immediately. Failure to timely notify the Practice can lead to possible worker compensation disqualification.

2. Promptly notify management before the beginning of the workday of any medication you are taking that may cause drowsiness or other side effects that could lead to injury to you or your coworkers.

3. The unauthorized use of alcoholic beverages or illegal substances during working hours will not be tolerated. The possession of alcoholic beverages or illegal substances on company property is forbidden.

4. Use, adjust and repair machines and equipment only if you are trained and qualified.

5. Always perform a review of any equipment or machinery for its condition and make sure any moving parts are free of foreign objects prior to usage.

6. Get help when lifting or pushing heavy objects.

7. If you are not sure of the safe procedure, do not guess. Ask.

8. Know the locations, contents and use of first aid and firefighting equipment.

9. Wear personal protective equipment in accordance with the job you are performing.

10. Report the need for repair or replacement of your work materials or the premises such as light outages, or uneven flooring as soon as discovered.

11. Store materials and equipment safely and neatly; avoid clutter that might cause accidents.

12. Always exercise Universal Precautions while treating patients or sterilizing instruments and carrying out other tasks that have a potential for infection, contamination, or exposure to harmful chemicals or bio-hazardous materials.

13. Know the location of building exits, fire-fighting equipment, eye-wash stations, and other emergency equipment.

The Practice reserves the right to request that you leave the premises if, in our judgment, your injury or illness poses a direct threat to the health and safety of you or of others in the workplace, in accordance with applicable law.

In most circumstances, you may not refuse to work because you are afraid of contracting a life­ threatening illness from a co-worker or patient. Employees concerned about being infected with a serious disease by a co-worker, customer, patient, or other person, should report such concern to management.

Notice of Potential Exposure to Toxic Substances

Studies have shown that some of the processes and substances used in dentistry and in the Practice, may have a harmful effect on women who are pregnant or planning to become pregnant. Specifically, exposure to procedures involving nitrous oxide and X-ray radiation has been noted as potentially posing a risk to the health of a mother or fetus.

If you decide to continue working for us during your pregnancy, we will certainly allow you to do so and we encourage you to seek out further education and guidance from your own physician regarding working in a dental the Practice while pregnant. If you continue working during your pregnancy, it is your responsibility to self-educate and to inform of us of any accommodations you would like to request. You may request a pregnancy disability leave if you or your physician feels that continued performance of your responsibilities may present a hazard to you or the child.

Pertaining specific regulation or Nitrous Oxide Safety you are referred to use Nitrous Oxide policy provided in Appendix.

Blood-borne Pathogens Standard

OSHA’s Bloodborne Pathogens Standard applies to dental office personnel who are reasonably anticipated to come into contact with blood or other potentially infectious materials. The standard is intended to limit occupational exposure to potentially infectious materials as exposure could result in transmission of the pathogens, which could cause death or disease.

To achieve OSHA standards, the Practice requires that team members use universal precautions, treating all bodily fluids as if they are infectious materials. In addition, the Practice stresses the need for frequent hand washing and/or use of disinfect, and use of personal protective equipment, such as gloves, gowns, protective glasses and masks, to protect employees and patients. The Practice will provide team members with personal protective equipment and training on office procedures.

If at any time you have concerns that the office is not following the proper course of action, please notify a member of management. You have the right to bring your concerns to the local OSHA compliance office, without the fear of retaliation. For further information, please see management for a copy of OSHA’s Bloodborne Pathogens Standard.

Not following OSHA guidelines is considered to be a serious violation of The Practice policy, and can lead to disciplinary action and possible termination.

Hazard Communication Standard

OSHA’s Hazard Communication Standard requires that warning labels with orange and orange­ red biohazard symbols be affixed to containers of regulated waste or, in the alternative, red bags may be used. Employees who may come into contact with hazardous materials are required to receive information and training after the start of employment. The Practice maintains additional information (including a copy of MSDS) about any chemical which is used or stored in the office, and employees are permitted access to this information upon request.

Hepatitis B Standard

The Hepatitis B vaccination will be made available at no cost to employees who may come in contact with blood or other potentially infectious materials. The first dose will be administered within 10 days of your date of hire, unless you have already been vaccinated. If you decline the vaccination, you will be required to sign an informed declination form. If you have been previously vaccinated, you must supply documentation. This information will be kept in your confidential medical file.

Security of Personal Items

The Practice shall not be held responsible for the personal effects of the employees while in the office. Lost keys must be reported immediately, and all keys must be returned upon termination of employment.

OSHA Compliance

Due to the potentially hazardous nature of our workplace, including the presence of sharp instruments, blood contaminated equipment, and potential carcinogens, all team members are responsible for familiarity and compliance with OSHA, EPA, and state regulations regarding infection control, job safety and health protection. The Practice cooperates with all reasonable OSHA and EPA inspections and compliance reviews. The Practice provides training and materials explaining the applicable standards and guidelines for all employees during the initial ninety-day getting acquainted period, and periodically when applicable regulations are revised or added. All employees are required to participate, and a record will be maintained of all those in attendance. Missed meetings and training exercises must be made up within a reasonable time to avoid disciplinary action. Please contact management with any questions about vaccine availability, safety supplies, training or applicable standards. The Practice maintains a separate written Exposure Control plan, which is updated at least annually.

Workplace Violence Prevention

The Practice is committed to preventing workplace violence and to maintaining a safe work environment. Given the increasing violence in society in general, the Practice has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur during business hours or on its premises.

All employees, including supervisors and temporary employees, should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, “horseplay,” or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited from the premises of the Practice without proper authorization. Violence and/or threats of violence by an employee or anyone else against any other employee or non-employee of the Practice will not be tolerated. The purpose of this policy is to minimize the potential risk of personal injuries at work and to reduce the possibility of damage to the Practice property.

Conduct that threatens, intimidates, or coerces another employee, a customer, or a member of the public at any time, including off-duty periods, will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual’s sex, race, age, or any characteristic protected by federal, state, or local law.

All threats of (or actual) violence, both direct and indirect, should be reported as soon as possible to your immediate supervisor or any other member of management. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public. When reporting a threat of violence, you should be as specific and detailed as possible.

All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance near your workstation, do not try to intercede or see what is happening. The Practice will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as is practical. All reports of work-related threats will be kept confidential to the extent possible, investigated and documented. Employees are expected to report and participate in an investigation of any suspected or actual cases of workplace violence.

If you receive or overhear any threatening communications from an employee or outside third party or become aware of an employee in violation of the no-weapons policy above, report it to your manager at once. Do not engage in either physical or verbal confrontation with a potentially violent individual. If you encounter an individual who is threatening immediate harm to an employee or visitor to our premises, contact an emergency agency (such as 9-1-1) immediately.

Employees may not bring weapons of any kind to the premises for any reason, regardless of whether they are on your person or properly licensed. This includes but is not limited to any type of handgun, automatic weapon, rifles, toxic substances and knives not designated for use by the Practice. Personal defense items such as mace, stun guns, or tear gas are also prohibited without the express permission of management and under the conditions set thereby.

Anyone determined to be responsible for threats of (or actual) violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action, up to and including termination of employment.

The Practice encourages employees to bring their disputes or differences with other employees to the attention of their supervisors, the management company, or the owners of the Practice before the situation escalates into potential violence. The Practice is eager to assist in the resolution of employee disputes and will not discipline employees for raising such concerns.

Violations of the above Safety policies, including your failure to report or fully cooperate in the Practice’s investigation, may result in disciplinary action, up to and including immediate discharge.

Smoke Free Environment

For the health and comfort of our team, patients and visitors, smoking is not permitted anywhere inside the office building. Smoking by team members is only allowed during authorized breaks and must be done outside the office building in designated smoking areas. Smokers are not entitled to extra breaks because they smoke. In addition, employees are encouraged to refrain from smoking before and during work hours to ensure that clothing, hair, hands and breath are smoke-free. Employees who violate this policy are subject to discipline as well as being held responsible for any fines assessed to the Practice as a result of a violation.

Drugs and Alcohol

It is the Practice’s desire to provide a drug-free, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.

While on the Practice premises and while conducting business-related activities off the Practice premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.

Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment, and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences.

Employees with questions or concerns about substance dependency or abuse are encouraged to discuss these matters with their supervisor or the Human Resources Department to receive assistance or referrals to appropriate resources in the community.

Employees with problems with alcohol and certain drugs that have not resulted in, and are not the immediate subject of, disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program through the Practice’s health insurance benefit coverage. Leave may be granted if the employee agrees to abstain from use of the problem substance and abides by all the Practice policies, rules, and prohibitions relating to conduct in the workplace; and if granting the leave will not cause the Practice any undue hardship.

Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor without fear of reprisal.

Prohibited Items

The use, possession, sale, manufacture, distribution, dispensation, concealment, receipt, transportation, or being under the influence of any of the following items or substances on company property (including the presence of detectable levels or identifiable trace quantities), by employees is prohibited:

  • Illegal drugs, controlled substances, marijuana, intoxicants (legal or illegal), “look­ alike” substances, designer drugs, counterfeit or synthetic drugs, inhalants, and any other drugs or substances that will, in any way, affect safety, work ability, alertness, coordination, judgment, response, or the safety of others on the job.
  • Alcoholic beverages, except as specifically authorized by management, and then only in moderation. Consuming alcoholic beverages while driving or driving any vehicle for company business while intoxicated is prohibited. The consumption of alcohol on company time, including during meal or break periods, or on company property is prohibited.
  • Drug paraphernalia.
  • Prescription drugs and over-the-counter medications, except where prescribed by an authorized medical practitioner for current use, are taken in accordance with such prescription, and do not affect the employee’s ability to safely perform his/her job duties.

Contraband Policy Enforcement

Because of the importance of this policy, the Practice reserves the right, at all times, while on company premises and property and when circumstances warrant, to conduct searches and inspections of employees and their personal property and effects in accordance with applicable laws for the purpose of determining if such employees are in violation of this policy or any other policy herein.

All employees are expected to cooperate with any investigation. Failure to cooperate, providing false information, or omitting information may subject any employee to disciplinary action up to and including termination of employment.

A search and inspection may also include and require employees and others present on Company property to submit to a Urine Drug Screen Test and/or Blood Test or other examination. Tests/inspections may be required under the following circumstances:

  • During pre-employment examinations.
  • When an employee’s office manager has reason to believe that an employee on Company property is using or under the influence of prohibited drugs, alcohol, and substances, or that there has been a violation of this policy.
  • When an employee, or other person, is found in possession of suspected illegal or prohibited drugs and substances, or when any of these drugs and substances are found in an area controlled or used exclusively by said employee or other person.
  • When an employee returns to active employment after a leave of absence of thirty (30) or more days.
  • Following an on-the-job injury requiring treatment from a physician or following a serious or potentially serious accident or incident, including near misses, in which safety precautions were violated, unsafe instructions or orders were given, vehicles/equipment/property was damaged, or unusually careless acts were performed. All persons involved and within the immediate vicinity of the incident may have their urine and blood tested. If it is impossible or impractical, because of the physical condition of the individual(s) involved in the accident, to give a urine and blood sample, and if in subsequent medical treatment of the person(s) blood will be drawn, then blood will be analyzed for drugs, alcohol, and other prohibited substances.

Your employment or continued employment with the Practice is conditioned upon your full compliance with the foregoing policy. Any violation of this policy may result in disciplinary action, up to and including discharge. Furthermore, any employee who violates this policy who is subject to termination may be permitted in lieu of termination, at the Practice’s sole discretion, to participate in and successfully complete an appropriate treatment, counseling or rehabilitation program as recommended by a substance abuse professional as a condition of continued employment and in accordance with applicable federal, state and local laws.

Employee Benefits

Eligible employees at the Practice are provided a wide range of benefits. A number of the programs (such as Social Security, workers’ compensation, and unemployment insurance) cover all employees in the manner prescribed by law.

Benefits eligibility is dependent upon a variety of factors, including employee classification. Your supervisor can identify the programs for which you are eligible. Details of many of these programs can be found elsewhere in the Handbook.

The following benefit programs are available to eligible employees:

  • auto mileage
  • bereavement leaves
  • in-house dental treatment coverage
  • holidays
  • vacation benefits

Some benefit programs require contributions from the employee, but most are fully paid by the Practice. Many benefits are described in separate Summary Plan Descriptions, or Plans, which may change from time to time. The Summary Plan Description will have control over any policy in this Handbook. You will receive a copy of each Summary Plan Description applicable to you. Contact the Human Resources Department if you need a Summary Plan Description or have any questions.

Time Off Benefits

Vacation Benefits

Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Employees in the following employment classification(s) are eligible to earn and use vacation time as described in this policy:

Regular full-time employees (non-exempt) who has successfully completed his or her Introductory Period.

The amount of paid vacation time employees receives each year increases with the length of their employment, as shown in the following schedule:

  • Year 1-3 of employment: Employees are not eligible for vacation benefits in this period.
  • Year 4+ of employment: Upon initial eligibility, the employee is entitled to 3 vacation days each year, accrued monthly at the rate of 0.25 day (2 hours).

The length of eligible service is calculated on the basis of a “benefit year.” This is the 12-month period that begins when the employee starts to earn vacation time. An employee’s benefit year may be extended for any significant leave of absence except military leave of absence. Military leave has no effect on this calculation. (See individual leave of absence policies for more information.)

Once employees enter an eligible employment classification, they begin to earn paid vacation time according to the schedule. They can request use of vacation time after it is earned.

Paid vacation time can be used in minimum increments of one day (8 hours). To take vacation, employees should request advance approval from their supervisors based on “Scheduling Vacations” described below. Requests will be reviewed based on a number of factors, including business needs and staffing requirements.

Vacation time off is paid at the employee’s base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.

As stated above, employees are encouraged to use available paid vacation time for rest, relaxation, and personal pursuits. In the event that available vacation benefits are not used by the end of the benefit year, employees may carry unused time forward to the next benefit year. If the total amount of unused vacation time reaches a “cap” equal to two times the annual vacation amount, further vacation accrual will stop. When the employee uses paid vacation time and brings the available amount below the cap, vacation accrual will begin again.

Upon termination of employment, employees will be paid for unused vacation time that has been earned through the last day of work.

Scheduling Vacations

The Practice asks for your cooperation in scheduling vacation to ensure that your vacations do not disrupt the Practice’s operations or unnecessarily burden your coworkers. In this regard, you must complete a vacation request form and have it approved by your office manager at least thirty (30) days prior to the scheduled vacation date(s). Vacation request will be considered in the order received. In the event that more than one employee request time off at the same time, the employee with the most seniority will be granted. Your requested vacation may not be permitted during particularly busy periods of the year and in some situations, your office manager may have to deny vacation time that had been previously approved. If this decision makes it impossible for you to use accrued vacation days during the calendar year, upon approval and at the discretion of your -office manager, you may be paid for the remaining vacation days that had been scheduled. The employee may obtain a vacation request form from her/his supervisor.

You may not schedule more than five (5) consecutive vacation days at any time and additional time may be taken only if pre-approved at employer’s discretion. Paid vacation time can be used in minimum increments of one day (8 hours).

Holidays

the Practice will grant holiday time off to eligible employees on the holidays listed below:

  • New Year’s Day (January 1)
  • Independence Day (July 4)
  • Labor Day (first Monday in September)
  • Thanksgiving (fourth Thursday in November)
  • Christmas (December 25)

Employees in the following employment classification are eligible to earn and use Holiday time as described in this policy:

  • Regular full-time non-exempt employees who have successfully completed his or her Introductory Period and has worked in the same category at the Practice for at least one year.
  • Exempt employees will receive holiday pay in compliance with state and federal wage and hour laws.

The length of eligible service is calculated on the basis of a “benefit year.” This is the 12-month period that begins when the employee starts to earn paid Holidays time. An employee’s benefit year may be extended for any significant leave of absence except military leave of absence. Military leave has no effect on this calculation. (See individual leave of absence policies for more information.)

If at any times the employee is absent for any excused and unexcused reasons within two business days of each holiday (before and after) the employee is NOT eligible for such paid holiday.

The Practice will grant paid holiday time off to all eligible employees immediately upon assignment to an eligible employment classification. Holiday pay will be calculated based on the employee’s straight-time pay rate (as of the date of the holiday) times the number of hours the employee would otherwise have worked on that day.

Exempt employees are paid for the full weekly salary if they work any hours during the week in which the holiday falls.

If a recognized holiday falls during an eligible employee’s paid absence (e.g., vacation, sick leave), the employee will be ineligible for holiday pay. If eligible nonexempt employees work on a recognized holiday, they will receive holiday pay plus wages at their straight-time rate for the hours worked on the holiday. If the holiday falls on a Sunday employees will receive eight hours pay in his or her next paycheck or the Practice at its discretion will designate another day in place of the scheduled holiday.

Employees who want to take holidays that are not holidays observed by the Practice can use vacation. These holidays should be scheduled using the procedures set out below in “Scheduling Vacations”.

Paid time off for holidays will NOT be counted as hours worked for the purposes of determining whether overtime pay is owed.

Sick Leave Benefits

the Practice provides paid sick leave benefits to all eligible employees for periods of temporary absence due to illnesses or injuries. Eligible employee classification:

  • Regular full-time employees who have successfully completed his or her Introductory Period and has worked in the same category at the Practice for at least one year.

To be eligible for the Sick Leave benefits the employee should provide a written statement from a licensed practitioner (i.e., physician, nurse practitioner, or Physician Assistant) indicating the employee had a medical excuse and the duration of the time-off should be clearly mentioned in the statement. This statement should be provided to employee’s supervisor upon return to work and in accordance with the policy for Sick Leave and Times-off request.

Eligible employees will accrue sick leave benefits at the rate of 2 days per year (.167 hours of a day for every full month of service). Sick leave benefits are calculated on the basis of a “benefit year,” the 12-month period that begins when the employee starts to earn sick leave benefits.

Paid sick leave can be used in minimum increments of one day. An eligible employee may use sick leave benefits for an absence due to his or her own illness or injury, or that of a child, parent, or spouse of the employee.

Employees who are unable to report to work due to illness or injury should notify their direct supervisor before the scheduled start of their workday if possible. The direct supervisor must also be contacted on each additional day of absence. If an employee is absent for two or more consecutive days due to illness or injury, the company may require a physician’s statement verifying the illness or injury and its beginning and expected ending dates. Such verification may be requested for other sick leave absences as well and may be required as a condition to receiving sick leave benefits.

Sick leave benefits will be calculated based on the employee’s base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials.

Sick leave benefits are intended solely to provide income protection in the event of illness or injury and may not be used for any other absence. Unused sick leave benefits will not be paid to employees while they are employed or upon termination of employment. Paid time off for holidays will NOT be counted as hours worked for the purposes of determining whether overtime pay is owed.

In the event that Sick Leave benefits are not used by the end of the benefit year, employees may carry unused time forward to the next benefit year. If the total amount of unused sick leave time reaches a “cap” equal to the annual Sick Leave benefit amount, further sick leave benefit accrual will stop. When the employee uses paid Sick Leave time and brings the available amount below the cap, Sick Leave benefit accrual will begin again.

Time Off to Vote

The Practice encourages employees to fulfill their civic responsibilities by participating in elections. Generally, employees are able to find time to vote either before or after their regular work schedule. If employees are unable to vote in an election during their nonworking hours, the Practice will grant up to two hours of paid time off to vote.

Employees should request time off to vote from their supervisor at least two working days prior to the Election Day. Advance notice is required so that the necessary time off can be scheduled at the beginning or end of the work shift, whichever causes less disruption to the normal work schedule.

Employees must submit a voter’s receipt on the first working day following the election to qualify for paid time off.

Time Off for Death in Family (Bereavement Leave)

Employees who wish to take time off due to the death of an immediate family member (spouse, children, parents, parents-in-law, or siblings) should notify their supervisor immediately. You must speak to the Doctor by phone or in person to notify us of the need for leave, and your anticipated return to work date, as soon as possible after the death of a family member. Email is not sufficient notice.

Up to one day of paid bereavement leave will be provided to eligible employees in the following classification(s):

Regular full-time employees

For additional days, you may use vacation or personal leave to attend the funeral of a member of your immediate family. You may take up to two (2) consecutive days off without pay if you have exhausted your vacation time. Bereavement pay is calculated based on the base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials.

Bereavement leave will normally be granted unless there are unusual business needs or staffing requirements. Employees may, with their supervisors’ approval, use any available paid leave for additional time off as necessary.

the Practice defines “immediate family” as the employee’s spouse, parent, child, or sibling.

Jury Duty

the Practice encourages employees to fulfill their civic responsibilities by serving jury duty when required. Employees may request unpaid jury duty leave for the length of absence. If desired, employees may use any available paid time off (for example, vacation benefits).

Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate their absence. Of course, employees are expected to report for work whenever the court schedule permits.

Either the Practice or the employee may request an excuse from jury duty if, in the Practice’s judgment, the employee’s absence would create serious operational difficulties.

Vacation, sick leave, and holiday benefits will continue to accrue during unpaid jury duty leave. Upon your return to work after jury duty, you must show proof of length of service.

Witness leave

Employees are given the necessary time off without pay to attend or participate in a court proceeding when subpoenaed in accordance with law. We ask that the employee notify her/his supervisor of the need to take witness leave as far in advance as is possible. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws.

Military Leave of Absence

The Practice complies with all provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA). You must notify the Practice as soon as possible after you receive military orders, furnish the Practice with any official papers you receive regarding your orders, and provide the Practice with any required documentation for re-employment upon completion of service. Military leave will be granted up to a maximum of five years of actual service time, and employees will be entitled to reinstatement upon return, provided you apply for re-employment (written or verbal) within the applicable time limits of returning, and the discharge was honorable, as required by law. Reinstatement will be made by the employer as soon as practical.

Required documentation on application for reemployment– Upon return from military leave exceeding 30 days, you will be required to submit documentation showing the following for reemployment:

• The reemployment application is timely;

• The employee has not exceeded the 5-year limit on duration of service; and

• The separation or dismissal from service was not dishonorable, based on bad conduct, or anything “other than honorable.”

Your military leave will be unpaid unless you request the use of any accrued and unused paid time of (Vacation, PTO). Such paid time will run concurrently with your service leave time limits. Military leave may be granted to attend training, special schools, encampments, voluntary or involuntary Active Duty, or emergencies.

Employees returning from Military leave extending between 31 days and 180 days will not be terminated for any reason other than cause for up to 6 months following reinstatement and for Military leaves in excess of 180 days you will not be terminated for other than cause for up to 12 months following reinstatement.

Please speak to Management for further explanation and details regarding your rights under

these policies.

Nursing Mothers in the Workplace

The Practice shall provide reasonable unpaid break time each day to an employee who has to express breast milk for her infant child. The break time, if possible, will run concurrently with the break time already provided by the Practice. The unpaid break time will be provided unless it would unduly disrupt the Practice’s operations. Nursing mothers may use the break room to nurse.

Doctor Out of the Office

There will be times when the doctor is out of the office for The Practice business, continuing education, or for personal reasons. You will be given as much notice as possible of the dates and times when the doctor will be away from the office. If your presence is not required, you may either take time off without pay, or utilize accrued unused vacation. Please notify the doctor of your decision within one week of the time when the doctor will be out.

Birthdays as Holidays

Your birthday is not a holiday, and you are expected to work on your birthday. You may request to have your birthday off as an unpaid day, as long as you arrange for suitable coverage, or to use other paid time off (such as vacation), by following the procedure for scheduling vacations.

Benefits Continuation (COBRA)

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the Practice’s health plan when a “qualifying event” would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, or death of an employee; a reduction in an employee’s hours or a leave of absence; an employee’s divorce or legal separation; and a dependent child no longer meeting eligibility requirements.

Under COBRA, the employee or beneficiary pays the full cost of coverage at the Practice’s group rates plus an administration fee. The Practice provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under the Practice’s health insurance plan. The notice contains important information about the employee’s rights and obligations. Contact the Human Resources Department for more information about COBRA.

COMPENSATION AND PAY

Paychecks

You will receive your paycheck on Fridays of each weak as compensation for the previous pay period. For payroll purposes the work week starts on Thursday and ends on Wednesday. If the normal payday falls on a holiday, you may be paid the day before or the day after the holiday depending on payroll processing. Payroll advances will not be made under any circumstances.

Your check will consist of your hourly wages or salary, minus deductions required by law. All deductions will be itemized on an attachment to your check, and then totaled each year for you on your W-2 Form, Wage and Tax Statement. Employers are not required and do not check the validity or accuracy of employee withholdings and exemptions as reported on W-4 forms or state equivalents. Employees are solely responsible to review their withholdings each pay period, and to update their W-4 and equivalent state forms as necessary. It may take 2-4 weeks to process any revisions to tax with holdings.

All deductions from an employee’s wages shall be in accordance with applicable law, and when required, the employee’s consent. Other than withholding for federal, state, or local taxes, including FICA, no deduction from an employee’s wages for any period shall cause the employee’s wages for any such period to be less than minimum wage. As with any other policy, paycheck policies may be changed at any time.

Paycheck Errors

All employees are asked to review your paycheck carefully for errors. If you find a mistake, report it to your supervisor as soon as possible, but no later than thirty days after receiving your paycheck, so that we may take the steps necessary to correct the error. Errors in payroll will be corrected and paid in the next scheduled paycheck after we receive notice. After thirty days, we will assume there are no errors, and your recourse may be limited or unavailable.

Exempt Employees

It is our policy to comply with FLSA salary-basis requirements, and therefore the Practice prohibits improper deductions from salaries of exempt employees. Improper deductions include those for less than a full day of work and for absences due to sickness or injury, except that deductions for sickness or injury related absences can be made from bona fide paid sick leave or paid time off benefit plans. When any such benefits have been exhausted, the weekly salary will be prorated. Deductions may be made for absences for a full day or more due to personal reasons unrelated to sickness or injury, for unpaid disciplinary suspensions, and to prorate for the first and last week of work.

Overtime

At times, you may be requested to work overtime in order to meet the needs of the Practice. Exempt employees are not eligible for overtime pay. Non-Exempt employees must have all overtime approved in advance by their office manager and reported on the time sheet for that pay period in order to be paid. Non-exempt employees will be paid at their regular rate plus one-half for hours actually worked in excess of 40 hours in a work week, or as otherwise prescribed by state law. Paid time off, such as personal days, holidays, and vacation are not counted for overtime. Please remember that overtime is discouraged and must be approved in advance. You should complete and submit the form in the Appendix for Over Time approval.

On-Call/Wait Time

Employees assigned to be “on-call” during non-work hours are required to record all time spent actually in service (i.e. responding to callers). Time spent on-call in which the employee is completely relieved of duty and restrictions are not placed on the employee’s ability to use the time for his/her own pursuits is not considered time worked. Time spent on-call in which the employee is unable to use the time for his/her own pursuits, as well as time actually spent in service is considered time worked. Such time may be compensated at a differential rate of pay than an employee’s regular rate of pay.

Employee Dental Treatment Plan

The Practice has an in-house dental treatment plan which allows full-time employees who have successfully completed the getting acquainted period to receive dental treatment at the Practice without charge, up to $2,000 per calendar year, excluding lab fees and any other unusual expenses. Immediate family members (spouse and children under 21 years of age) receive care at 33% of the current fee, not including lab fees and any other unusual expenses.

Employees are to clock out while receiving dental treatment from the Practice, and to schedule treatment for themselves and their families only at times designated by the Practice, or otherwise so as not to disrupt peak patient treatment hours. Treatment dollar amounts for employees and their families will not be included for production numbers.

The Practice reserves the right at its sole discretion to refuse treatment to anyone. At the time of termination, employees will be required to arrange for payment of any outstanding balances due to the Practice.

Social Security

Both you and the Practice contribute funds towards Social Security. This contribution will appear as two payments, one for retirement savings, and one for Medicare.

Unemployment Insurance

Upon separation from employment, you may be entitled to state and federal unemployment compensation benefits. These laws generally provide eligible unemployed persons weekly cash benefits for a designated number of weeks or until such time as they are able to obtain employment. While we have no desire to deny unemployment benefits to any person who is legally entitled to them, it is the Company’s policy to contest all unemployment claims and apply for relief from charges for those claims that do not comply with the requirements of the law.

Workers’ Compensation

The Practice provides workers’ compensation insurance covering injuries or illnesses occurring in the course of your employment at no cost to you. State law, not the Practice, determines employee eligibility to receive workers’ compensation benefits. It is our policy to comply with state laws and to aid any employee whose injury or illness is determined to be compensable under the provisions of the state’s workers’ compensation act, as well as other applicable laws, which may include FMLA, ADA, OSHA, and/or HIPAA.

All employees must report complete and immediate information to management regarding any accident that occurs on the company premises in which you are involved, no matter how slight the resulting injury or illness. Failure to do so may jeopardize your eligibility to receive benefits. Generally, coverage does not, include injuries received traveling to or from work or during the lunch period, nor does it cover incidents caused by an employee’s intoxication or other flagrant abuse of The Practice policies. Periodically, you may be asked to confirm in writing whether you have had any work-related injuries or illnesses.

Bonus Policy

The Practice implements a bonus system that is awarded to eligible full-time employees at the sole discretion of management and based on a combination of objective and subjective criteria, further described in other materials distributed as new programs are implemented or updated. The Bonus system does not create a contract of employment and is not intended as a promise of wages. Bonuses are not intended to be binding on the company and may be withdrawn or changed at any time with advance notice. All bonuses will be subject to the standard deductions required by law.

Bonus Eligibility

Full-time, regular employees who have satisfactorily completed the 90-day getting acquainted period, and who are complying with all office policies and procedures are eligible to earn a bonus. Note that meeting or exceeding all policies and procedures is required for your employment and is merely the threshold for being eligible to earn a bonus. This includes compliance with all attendance policies. At the discretion of the Practice, if you are determined to be out of compliance with company policies or standards of performance, you may be notified of a period of ineligibility for a designated period of time going forward.

Employees who terminate their employment before the end of the incentive period are not eligible for any portion of the incentive for that period. Therefore, you must be employed on the first and last day of the period to be paid a bonus for that period. Individuals on a leave of absence may receive a prorated portion of the bonus, at the sole discretion of the Practice.

Calculation of Overtime with Bonus

Any bonus will be included in the calculation of any overtime as follows: Total compensation (including bonus pay) divided by total hours worked that week= “regular rate of pay”. Regular rate of pay x 1.5 x overtime hours = Overtime Pay. Please remember that overtime is discouraged and must be approved in advance (Refer to Overtime Policy in the Appendix)

Training and Travel

Continuing Education

In order to ensure the best possible care of our patients, the Practice encourages employees to take advantage of training and educational opportunities, which further your ability to perform your job. If you are interested in attending training events, please present the syllabus to management for review. Expenses may be compensated at the discretion of the Practice.

The Practice will from time to time make educational events available to you. The Practice will determine whether a seminar or training event is mandatory or optional for employees. Attendance at lectures, training programs, and similar activities will not be counted as time worked and as a result the employee will not be paid for that time if:

(1) Attendance is outside of the employee’s regular working hours;

(2) Attendance is voluntary;

(3) The course, lecture, or meeting is not directly related to the employee’s job; and

(4) The employee does not perform any productive work during the attendance.

If any of the above criteria is not met, or another exception does not apply, you will be paid for your time actually spent in training. You may be paid a reduced rate of pay for travel and training and will be informed of the rate in advance.

Time spent traveling to and from the location of a compensable training event is paid when such travel cuts across our normal business hours (regardless of the day), and to the extent it exceeds normal travel from your home to work. Regular meal periods and time spent sleeping or in other leisure activities while traveling is not work time, and the Practice does not pay for this time. You will be required to track your time and submit it upon your return. The Practice will also reimburse employees for all approved necessary expenditures incurred by employees while participating in compensable training events, upon submission of valid receipts.

Employees are expected to maintain the image of the Practice at all training events, including being present both physically and mentally at all required functions. This means you should limit your recreational activities so that you are well rested and able to give your full attention.

Verification of Licenses and Certificates

If you work in a position that requires licenses or certificates, you are required to keep them current at your own expense, unless expressly approved in advance, at the sole discretion of the Practice. Time spent in continuing education courses needed to maintain your license to perform your current job should be scheduled outside of work hours and is not compensable time.

The Practice will not be responsible to provide any notification or reminders to licensed individuals prior to the renewal date of such licenses or credentials. Employees should make every attempt to schedule any required classes for certifications to take place during non-work hours. The Practice requires that you provide current licensure and certifications at the time of hire and annually. Failure to keep your licenses and certifications current could result in disciplinary action, including suspension, pending reinstatement of necessary licensure and credentials, and/or termination.

Business Travel

If you use your own vehicle for required business travel, the Practice may reimburse you at the standard IRS mileage reimbursement rate; otherwise you may take the deduction for the expense on your personal taxes. Either way, you should keep -track of all miles travelled in relation to required business travel. Please note, at no time should the expense of using your own vehicle for required business travel take your hourly rate below minimum wage. If you suspect this to be true, please submit your mileage to management for reimbursement.

You are also required to obtain and maintain auto insurance for your own vehicle and give evidence of that insurance to management for your file on an annual basis. It is against the law to drive without insurance.

You will be compensated for your time spent travelling on required The Practice business when such time cuts across your normal business hours, regardless of the day (Monday -Sunday), any time you are required to drive your own vehicle, and/or any time you perform work while travelling after hours. You may be compensated at a reduced rate of pay for travel time.

All training and travel arrangements, if any, must be approved by management in advance, and all approved expenses must be supported by valid receipts for proper reimbursement upon return. Travel time, including any overtime pay, will be paid as required by applicable law. All employees are expected to maintain the image of the Practice, and must comply with all applicable Policies of the Practice, as well as all laws while traveling on The Practice business, including no driving under the influence or talking on a cell phone or texting while driving.

If your license is suspended, revoked or cancelled, you must report it to management immediately. If you report it confidentially and give the Practice an opportunity to remove driving from your list of job duties, depending on the circumstances and your general work performance and attendance, your job may not be in jeopardy. However, not reporting the loss of your license or any conviction for driving under the influence of alcohol or drugs while on The Practice business in any personal or The Practice-owned or rented vehicle will subject you to discipline up to and including immediate dismissal.

the Practice will reimburse employees for reasonable business travel expenses incurred while on assignments away from the normal work location. All business travel must be approved in advance by the Practice management. Employees whose travel plans have been approved should make all travel arrangements through the Practice’s designated travel agency.

When approved, the actual costs of travel, meals, lodging, and other expenses directly related to accomplishing business travel objectives will be reimbursed by the Practice. Employees are expected to limit expenses to reasonable amounts. Expenses that generally will be reimbursed include the following:

  • airfare or train fare for travel in coach or economy class or the lowest available fare
  • car rental fees, only for compact or mid-sized cars
  • fares for shuttle or airport bus service, where available; costs of public transportation for other ground travel
  • taxi fares, only when there is no less expensive alternative
  • mileage costs for use of personal cars, only when less expensive transportation is not available
  • cost of standard accommodations in low- to mid-priced hotels, motels, or similar lodgings
  • cost of meals, no more than $30.00 a day
  • tips not exceeding 15% of the total cost of a meal or 10% of a taxi fare
  • charges for telephone calls, fax, and similar services required for business purposes

Employees who are involved in an accident while traveling on business must promptly report the incident to their immediate supervisor. Vehicles owned, leased, or rented by the Practice may not be used for personal use without prior approval. When travel is completed, employees should submit completed travel expense reports within 5 business days upon completion of the travel. Reports should be accompanied by receipts for all individual expenses. Employees should contact their supervisor for guidance and assistance on procedures related to travel arrangements, expense reports, reimbursement for specific expenses, or any other business travel issues. Abuse of this business travel expenses policy, including falsifying expense reports to reflect costs not incurred by the employee, can be grounds for disciplinary action, up to and including termination of employment.

Traffic Violation

Any fines incurred for traffic violations while you are driving on The Practice business are your responsibility. Employees must speak with management if they experience problems that they feel were not their fault. However, parking violations are always considered to be the fault of the driver.

Vehicle Accident Reporting

In the event of an accident while on The Practice business, employees must follow the steps outlined below. While the Practice expects employees to take care to avoid accidents, prompt attention to an accident that nonetheless occurs will reduce costs and losses.

When an Accident Happens

• Notify the police immediately.

• Write down the names, addresses, telephone numbers and license numbers of persons

involved and any witnesses.

• Report all non-emergency accidents to management promptly.

• Report emergency accidents to management as soon as possible.

• Do not discuss the accident with anyone except the police, your insurance representative, or your Supervisor.

USE OF ELECTRONIC DEVICES, EMAIL, TELEPHONE AND INTERNET

The following section addresses The Practice polices concerning electronic devices, such as your cell phone, and the electronic devices the business owns, such as the company computer systems and the information stored and passed through them.

Cameras and Other Imaging Devices

For the privacy and protection of our patients, the following restrictions apply to taking or transmitting pictures, video, or images of any kind of patients or patient records. Unless used as part of authorized treatment and consented to by the patient and/or guardian, taking pictures of patients or patient records is prohibited. Employees must obtain consent from any patient and/or guardian before taking or transmitting a patient’s picture. Likewise, pictures taken at our office must not include any protected health information of a patient unless doing so is part of patient treatment or our business operations. If you see anyone taking or transmitting a picture of a patient or patient records without the obvious consent of the patient/guardian, please notify a manager immediately. Employees are asked to report any violation of this policy.

Cell Phone Use

In order to preserve the privacy, safety, and protection of our patients, as well as to keep our focus on patient care during work hours, smart/cell phone usage for personal calls or texts is not permitted during work time, and never in view of patients, patient records (PHI), or in sterile clinical areas in the Practice except in the cases of emergencies and accidents that requires placing calls to emergency numbers such as 9-1-1 or local police department. For this reason, cell phones should be stored with your personal belongings during work time. You may use your personal devices during off duty breaks, as long as you are in an area that you will not disturb patients or disrupt the work of a team member. In cases of emergency, family members may call the front office. Nothing in this policy limits your right to engage in protected concerted activity. Please give The Practice’s phone number as the number for leaving an emergency message. Only The Practice management and owners can exempt an employee from the above cell phone policy solely based on their discretion.

Email and the Internet

The Practice’s E-mail and Internet system is intended to be used for work-related purposes. No personal use of the e-mail system will be allowed during work hours. Furthermore, you are required to keep any company passwords private, and are otherwise expected to protect the integrity of any security measures put in place to keep company records and files secure.

Employees must be aware that all e-mail/Internet records are Company records, and should realize that they have no right or expectation of privacy in such information. As part of the Company’s maintenance and security procedures, the Practice reserves the right to monitor, access, retrieve, store and review all e-mail/Internet activity as it deems appropriate, and to disclose the nature and content of any such activity to law enforcement officials or to other third parties, without any prior notice to the employee. As a condition of initial and continued employment, all employees must consent to the Company’s review and disclosure of e-mail messages and Internet records.

All out-going e-mail reflects on the Practice.

Similarly, visiting web sites often permits them to extract information about the visitor, and store files (“cookies”) on the visitor’s local machine. Therefore, e-mail and web activities on or through company computers and networks should be used in a manner that is consistent with the professional and business interests of the Practice. Accordingly:

• E-mail, instant messaging, the web, or the Internet should not be used in any manner that is illegal or unethical;

• E-mail and instant messaging should not be used, and files should not be downloaded/viewed/played, in any manner which would violate or contravene any policy of the Practice, including without limitation the Anti-Harassment Policy;

• Employees may not download software applications from the internet or from any other source without approval in writing from management;

• E-mail, instant messaging, the web, or the Internet should not be used in a manner that is likely to compromise the integrity of the company’s computer systems or in a manner that is likely to compromise the confidentiality of any confidential information;

• Business-related e-mail should be treated similarly to other forms of business-related correspondence, i.e., appropriate business correspondence style should be used and, where appropriate, copies should be printed and kept in the appropriate file;

• Pornography in any form is strictly prohibited from being sent, viewed, downloaded, or broadcasted from within or to company network or computer systems. Violations of the policy will not be tolerated. If any laws are suspected to have been broken, the Practice may elect to inform appropriate authorities.

Again, you should not assume that e-mail, or instant messaging communications are private, secure or innocuous. Despite systems features that give the appearance of privacy – including passwords and the apparent ability to delete messages– data and information sent or received via e-mail are not necessarily safe for many reasons. Accordingly, you should never download items unless you are specifically authorized and qualified to do so.

Abuse of the e-mail or Internet systems through use in violation of the law or the Practice’s policies will result in disciplinary action, up to and including termination of employment.

Programs and Passwords

Employees of the Practice will be given access to equipment and other secured systems on an as needed basis at the discretion of the Practice. If your job duties include the use of computers and various other security systems, you will be issued the proper access, guidance for use, and unique passwords. Employees may not share or use a “universal” password or one that is assigned to others. For security and various other accounting reasons, employees needing computer access must be issued unique passwords for their own use with company equipment and/or programs installed on the company computers and other security systems.

Employees found using the passwords of others are subject to discipline up to and including immediate dismissal. Employees are encouraged to please help us identify any area where any team member is in violation of this policy, whether intentionally or by mistake, including owners and managers. If you are directed to use a universal password or someone else’s password, please inform the owner as soon as possible.

Further, employees may not access company computers or programs from outside of the workplace unless specifically permitted by the Practice. Passwords and security settings are not to be changed unless approved by the Practice Administrator in writing and employees are required to relinquish to the Practice all access to company programs and/or equipment at time of separation from employment.

Social Media

Employees are encouraged to use the internet responsibly; especially interactive social media sites, personal blogs, message boards, and the like, both during and outside work hours. Employees are expected to be thoughtful in all your communications, including emails and social media. It is important that you take care to ensure that your statements cannot be construed as a representation of the Practice’s official position, unless you have authorization from management. Harassing or discriminatory comments, threats of violence, or other similar conduct that would violate a policy of the Practice is discouraged in general and is never allowed while using The Practice equipment or during your working time. Furthermore, employees are urged not to post information regarding the company or other employees which you know to be false, or which could lead to morale issues in the workplace or detrimentally affect the business of the Practice.

In general, it is wise to remember that what you say in social media can often be seen by anyone. Accordingly, employees should never defame or libel fellow professionals, employees, patients, or competitors. Employees may not knowingly make false representations about their credentials or their work. Employees are expected to respect copyright, trademark, and similar laws and use such protected information within applicable legal standards. Employees are prohibited from disclosing trade secrets or proprietary The Practice information, as well as any patient information, especially any Protected Health Information.

Employees are expected to know and follow this policy. Nothing in this policy is, however, intended to prevent employees from engaging in concerted activity protected by law. If you have any questions about this policy, please ask a member of management before acting.

Privacy

We follow all Federal and State guidelines regarding privacy and internet use in the workplace. As stated, our internet systems and any and all other equipment issued by the Practice (including telephones, computers, laptops, servers, Blackberries, pagers, and/or cell phones) are company property and are monitored to protect company assets. Be aware that we may audit a specific computer, your email, instant messages, text messages, internet usage, and any other electronic communication stored on, communicated through or by the Practice’s equipment or network. We have the right to review any communications stored on The Practice equipment, even if those communications or files are personal, and were sent through an employee’s password-protected email account. Therefore, you should have no expectation of privacy in any personal documents or communications sent through or stored on The Practice equipment or network. By using the company email system and or equipment you are consenting to this monitoring. With this in mind, please be advised not to keep any personal items on your work computers or any storage device owned by the Practice in order to maintain your privacy.

COOPERATION WITH INTERNAL AND EXTERNAL INVESTIGATIONS

From time to time, and in its sole discretion, the Practice may authorize or conduct an investigation into possible work rule violations. In such cases, employees are expected to fully and honestly cooperate with a request to participate in such an investigation. Failure to cooperate may result in disciplinary action, up to and including termination of employment; however, you will not be subject to retaliation or disciplinary action as a result of your participation in the investigation provided you participate in good faith

PATIENT AND the Practice INFORMATION CONFIDENTIALITY

All matters relating to patients are confidential and must not be discussed outside the office or within hearing distance of any other patients. Release of any information about a patient’s name, address, age, sex, nature of illness or injury, general condition, treatment, etc., to members of the public, press, other professionals, pharmacies, families, friends, etc., without the patient’s specific advance authorization is prohibited. A breach of confidentiality is a serious matter and is considered grounds for termination.

The Practice will provide training for each of its employees on the importance of maintaining confidentiality and the specific requirements of state and federal law, including the HIPAA Privacy Regulations and laws protecting the privacy of patients. Employees are required to familiarize themselves with these laws, and to stay abreast of any updates or changes. Federal law and The Practice policy requires all employees to use and disclose confidential health information only in connection with and for the purpose of performing an employee’s assigned duties, and then only as necessary to perform those duties.

Employees must take reasonable care to properly secure confidential health information, and take steps to ensure that others cannot view or access such information. Along these lines, employees should keep their computer screen, chart notes, case histories, and other confidential papers where patients cannot see them. In addition, employees must not reveal any confidential health information over the phone, including whether a patient is receiving treatment at the Practice, unless such disclosure is authorized in accordance with federal and The Practice policies set forth here or elsewhere.

The Practice prohibits the unlawful or unauthorized access, use, or disclosure of confidential and/or proprietary information of the Practice obtained during the course of your employment to those outside the Practice, unless authorized by management, or when disclosed in connection with a workplace grievance to your attorney or representative of an investigative governing agency. The Practice’s confidentiality policy applies to information maintained or transmitted in any form, including verbally, in writing, or in any electronic form and any transmission, whether intentional or otherwise. The confidentiality policy is effective both during and after your employment ends. In addition, as a condition of employment, employees are required to read and sign the Confidentiality and Nondisclosure Policy, shown in Appendix.

Visitors in the Workplace

To provide for the safety and security of employees and the facilities at the Practice, only authorized visitors are allowed in the workplace. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards employee welfare, and avoids potential distractions and disturbances. All visitors should enter the Practice at the main entrance. Authorized visitors will receive directions or be escorted to their destination. Employees are responsible for the conduct and safety of their visitors. If an unauthorized individual is observed on the Practice’s premises, employees should immediately notify their supervisor or, if necessary, direct the individual to the main entrance. At the doctor or management’s discretion, visitors may be asked to leave, or asked not to return during working hours.

SOLICITATION

Solicitation by an employee of another employee is prohibited while either person is on working time. For these purposes, solicitation means requesting or entreating another’s support, investment or purchase in relation to an outside business or charity. Working time is all time when an employee should be engaged in work tasks; it does not include an employee’s own time, such as meal periods, or time before or after work. Solicitation, distribution of literature or trespassing by non-employees is prohibited at all times on company premises, including parking lots. Solicitation of patients for any purpose is strictly prohibited.

Examples of impermissible forms of solicitation include:

  • The collection of money, goods, or gifts for community groups
  • The collection of money, goods, or gifts for religious groups
  • The collection of money, goods, or gifts for political groups
  • The collection of money, goods, or gifts for charitable groups
  • The sale of goods, services, or subscriptions outside the scope of official organization business
  • The circulation of petitions
  • The distribution of literature in working areas at any time
  • The solicitation of memberships, fees, or dues

In addition, the posting of written solicitations on company bulletin boards and solicitations by e-mail are restricted. Company bulletin boards display important information; employees should consult them frequently for:

  • Affirmative Action statement
  • Employee announcements
  • Workers’ compensation insurance information
  • State disability insurance/unemployment insurance information

If employees have a message of interest to the workplace, they may submit it to the management of the office for approval. All approved messages will be posted by only by the management of the office with written approval.

FRATERNIZATION POLICY

In order to maintain the high professional and ethical standards set by the Practice, and to avoid favoritism, discrimination or conflicts of interest, intimate behavior or relationships between management and subordinate employees is strictly prohibited, regardless of the directness. or indirectness of the chain of command. Consensual dating or intimate relationships between co-workers may be permissible only when such relationships are fully disclosed to management, consensual, and each employee provides a signed Consensual Relationship Agreement to management. Each employee in such a relationship must acknowledge that they will abide by the Practice’s discrimination policies, agree to act professionally by not engaging in conduct that might be offensive to other employees, and further agree to hold the Practice harmless from any damages or claims arising from the relationship, regardless of whether such conduct arises during or after the relationship. Finally, even employees in disclosed consensual relationships are subject to discipline for conduct deemed inappropriate for the workplace.

Likewise, it is highly discouraged and inappropriate for an employee to become romantically involved with a patient or a family member of a patient, of the Practice. Employees are required to disclose any romantic or dating relationship with a patient to the Practice, so that steps can be taken to ensure the patient and the Practice’s interests are protected. Failure to disclose such relationships is grounds for termination.

OUTSIDE EMPLOYMENT

The Practice feels that employees should be allowed to take outside work to meet personal economic needs. However, in order to meet the staffing needs of the Practice, taking outside employment is contingent upon the employee first meeting the demands of his or her job at the Practice, including availability to work overtime or to occasionally cover shifts for others. Also, any outside position must in no way be detrimental to the Practice, as in working for a direct competitor of the Practice. The Practice’s intent Is not to restrict outside employment, unless it conflicts with these goals.

In order to avoid any misunderstanding, employees are required to obtain written permission from the Practice to be kept in the employee’s personnel file. Requests for authorization should include the name of the outside employer, the hours required for it, as well as any restrictions upon the employee’s availability to work for the Practice. Failure to notify and obtain written permission is grounds for termination.

If permission is granted, the employee’s obligations of confidentiality and respect for the Practice’s patient base are still in effect. Soliciting patients from one the Practice and referring them to another is a conflict of interest and is not allowed. Further, employees may not receive any income or material gain from individuals outside the Practice for materials produced or purchased on behalf of the Practice, or for services rendered while performing your job with the Practice.

If your approved outside work interferes with your job performance at the Practice, or creates a conflict of interest for the Practice, the Practice may request that you terminate or modify the terms of any outside work. It will then be the employee’s choice whether to continue employment with the Practice under the requested terms.

SEPARATION FROM EMPLOYMENT

Because your employment with the Practice is at-will, you or we are free to terminate your employment at any time, with or without cause. We retain the right to dismiss an employee immediately and without notice.

Notwithstanding your at-will status, we ask that you provide the Practice with at least two weeks prior notice of your intent to resign, to permit us to ensure that all matters relating to your employment are addressed prior to your final day of work. Moreover, your thoughtfulness is appreciated and will be noted favorably should you wish to reapply with employment at a later date. Employees who are rehired will be considered new employees from the effective date of reemployment and will be required to enter a new Getting Acquainted period upon return.

Resignation

Resignation is a voluntary act initiated by the employee to terminate employment with the Practice. Although advance notice is not required, the Practice requests at least two weeks’ written notice of resignation from nonexempt employees and two weeks’ written notice of resignation from exempt employees. Prior to an employee’s departure, an exit interview will be scheduled to discuss the reasons for resignation and the effect of the resignation on benefits.

The Practice Property

On or before your last day of work, you are required to return all The Practice property, such as keys, office forms, phone cards, company files, computers or other company equipment, or such other property you received as a result of your employment here.

You should also keep us apprised of any changes in address occurring the calendar year during which your separation takes place, so that we may forward your tax information to the proper location.

Where permitted by applicable laws, the Practice may withhold from the employee’s check or final paycheck the cost of any items that are not returned when required. The Practice may also take all action deemed appropriate to recover or protect its property.

Exit Interview

At the time of separation, employees are asked to complete an exit interview form, or to participate in an exit interview in order to review your eligibility for benefit continuation and/or conversion, to ensure all applicable forms are completed, as well as to provide an opportunity to discuss your experience while working here. You are encouraged to provide us with information which may help us improve, and if you have not already done so, report any concerns you have about your experience with the Practice.

Employment References

No employment references will be provided regarding former employees except to confirm dates of employment, salary history, and job title, upon request, or as otherwise required by law, such as under lawful subpoena. No other employment data will be released without a written authorization and release signed by the employee naming the entity to which information may be disclosed. If we have a reasonable belief that an employee has engaged in illegal or negligent activity, harassment, or violence while employed by us and we are asked for this information by a prospective employer, we may elect to provide factual information in that regard when it can be substantiated by the Practice’s records.

Employment Termination

Termination of employment is an inevitable part of personnel activity within any organization and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated:

• Resignation—voluntary employment termination initiated by an employee.

• Discharge—involuntary employment termination initiated by the organization.

•Layoff—involuntary employment termination initiated by the organization because of an organizational change.

• Retirement—voluntary employment termination initiated by the employee meeting age, length of service, and any other criteria for retirement from the organization.

the Practice will generally schedule exit interviews at the time of employment termination. The exit interview will afford an opportunity to discuss such issues as employee benefits, conversion privileges, repayment of outstanding debts to the Practice, or return of the Practice-owned property. Suggestions, complaints, and questions can also be voiced.

Nothing in this policy is intended to change the company’s at-will employment policy. Since employment with the Practice is based on mutual consent, both the employee and the Practice have the right to terminate employment at will, with or without cause, at any time. Employees will receive their final pay in accordance with applicable state law.

Employee benefits will be affected by employment termination in the following manner. All accrued, vested benefits that are due and payable at termination will be paid. Some benefits may be continued at the employee’s expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance. See the “Benefits Continuation (COBRA)” policy. Upon termination, the terminated employee is required to return all The Practice properties.

EMPLOYEE CONCERN REPORTING POLICY

Our Employee Concern Policy is designed with the intent of addressing employee concerns within the workplace. This policy is designed to provide you a way to report a specific or general concern about the Practice, a co-worker, management, or anyone else associated with the operations of our business including customers/patients or service providers.

We cannot address nor fix a problem that we have not been informed about. Therefore, it is your responsibility to report your concerns to us and to allow us an opportunity to address them. Finally, we want you to know that we have an open-door policy and you should feel comfortable reporting your concerns to us.

Please note that the Practice has also implemented the Alternative Dispute Resolution Policy (ADRP). The two policies are not mutually exclusive, but rather are meant to cover all disputes, both small and large. If your concern falls within the defined claims in the ADRP, or if there is a conflict between the two policies, the ADRP will control and the procedures therein should be followed.

Step One

Report the problem to your office manager, or any member of management immediately. This will take place as an informal conversation where you will have an opportunity to tell us your concern. At that time, we will expect you to tell us what outcome you would like to see take place. If either you or we decide that the matter is serious, we will likely move to the next step and ask you to put your concern in writing. In many instances, concerns may be addressed simply by having an open discussion about your concern and coming to an agreed plan of resolution. If this is the case, the issue may be closed until or unless something further develops. If your concern persists, it is your duty to inform us, and we will revisit the resolution and or move on to step two. Matters concerning issues such as violence, theft, harassment of any kind, drug use, discrimination, or a breach of confidentiality, shall be taken very seriously and will likely be escalated immediately to step number two.

Step Two

You may choose or we will ask you to fill out an Employee Concern Form. This will give us an opportunity to collect from you all relevant information that you are aware of in writing. At this time you will also have the opportunity to tell us again the outcome you would like to see take place. Please also note that this is the time to inform us of anyone that may be able to assist us in addressing your concern. We will then investigate, or we may choose an outside investigator. You may be asked to answer further questions or provide additional information. Once we have concluded our investigation we will report to you any actions we intend to take. Once again, our open-door policy applies here. If at any time you have additional information to contribute, please tell us.

Step Three

Finally, if you are dissatisfied with the outcome you may speak with an officer or owner of the Practice. The outcome of that conversation will be communicated to you in writing.

Life-Threatening Illnesses in the Workplace

Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often wish to continue their normal pursuits, including work, to the extent allowed by their condition. The Practice supports these endeavors as long as the employees are able to meet acceptable performance standards. As in the case of other disabilities, the Practice will make reasonable accommodations in accordance with all legal requirements, to allow qualified employees with life-threatening illnesses to perform the essential functions of their jobs.

Medical information on individual employees is treated confidentially. The Practice will take reasonable precautions to protect such information from inappropriate disclosure. Managers and other employees have a responsibility to respect and maintain the confidentiality of employee medical information. Anyone inappropriately disclosing such information is subject to disciplinary action, up to and including termination of employment.

Employees with questions or concerns about life-threatening illnesses are encouraged to contact the Human Resources Department for information and referral to appropriate services and resources.

Security Inspections

Suggestions

As employees of the Practice, you have the opportunity to contribute to our future success and growth by submitting suggestions for practical work-improvement or cost-savings ideas. All regular employees are eligible to participate in the suggestion program.

A suggestion is an idea that will benefit the Practice by solving a problem, reducing costs, improving operations or procedures, enhancing customer service, eliminating waste or spoilage, or making the Practice a better or safer place to work. All suggestions should contain a description of the problem or condition to be improved, a detailed explanation of the solution or improvement, and the reasons why it should be implemented. Statements of problems without accompanying solutions or recommendations concerning co-workers and management are not appropriate suggestions. If you have questions or need advice about your idea, contact your supervisor for help.

Submit suggestions to the management or your office manager and, after review, they will be forwarded to the Suggestion Committee. As soon as possible, you will be notified of the adoption or rejection of your suggestion. Special recognition and, optionally, a cash award will be given to employees who submit a suggestion that is implemented.

Security Inspections

the Practice wishes to maintain a work environment that is free of illegal drugs, alcohol, firearms, explosives, or other improper materials. To this end, the Practice prohibits the possession, transfer, sale, or use of such materials on its premises. The Practice requires the cooperation of all employees in administering this policy.

Desks, lockers, and other storage devices may be provided for the convenience of employees but remain the sole property of the Practice. Accordingly, they, as well as any articles found within them, can be inspected by any agent or representative of the Practice at any time, either with or without prior notice.

Progressive Discipline

The purpose of this policy is to state the Practice’s position on administering equitable and consistent discipline for unsatisfactory conduct in the workplace. The best disciplinary measure is the one that does not have to be enforced and comes from good leadership and fair supervision at all employment levels.

the Practice’s own best interest lies in ensuring fair treatment of all employees and in making certain that disciplinary actions are prompt, uniform, and impartial. The major purpose of any disciplinary action is to correct the problem, prevent recurrence, and prepare the employee for satisfactory service in the future.

Although employment with the Practice is based on mutual consent and both the employee and the Practice have the right to terminate employment at will, with or without cause or advance notice, the Practice may use progressive discipline at its discretion.

Disciplinary action may call for any of four steps:

  1. verbal warning
  2. written warning
  3. suspension with or without pay
  4. termination of employment

The above steps may depend on the severity of the problem and the number of occurrences. Progressive discipline means that, with respect to many disciplinary problems, these four steps will normally be followed. However, there may be circumstances when one or more steps are bypassed.

the Practice recognizes that there are certain types of employee problems that are serious enough to justify either a suspension or, in extreme situations, termination of employment, without going through the usual progressive discipline steps.

While it is impossible to list every type of behavior that may be deemed a serious offense, the Employee Conduct and Work Rules policy includes examples of problems that may result in immediate suspension or termination of employment. However, the problems listed are not all necessarily serious offenses, but may be examples of unsatisfactory conduct that will trigger progressive discipline.

By using progressive discipline, we hope that most employee problems can be corrected at an early stage, benefiting both the employee and the Practice.

Problem Resolution

the Practice is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion, or question receives a timely response from the Practice supervisors and management.

the Practice strives to ensure fair and honest treatment of all employees. Supervisors, managers, and employees are expected to treat each other with respect. Employees are encouraged to offer positive and constructive criticism.

If employees disagree with established rules of conduct, policies, or the Practices, they can express their concern through the problem resolution procedure (SEE APPENDIX E). No employee will be penalized, formally or informally, for voicing a complaint with the Practice in a reasonable, business-like manner, or for using the problem resolution procedure.

If a situation occurs when employees believe that a condition of employment or a decision affecting them is unjust or inequitable, they are encouraged to make use of the following steps. The employee may discontinue the procedure at any step.

1. The employee presents the problem to his or her immediate supervisor after the incident occurs. If the supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the employee may present the problem to the management company or owners of the Practice.

2. The supervisor responds to the problem during discussion or after consulting with appropriate management, when necessary. The supervisor documents this discussion.

3. The employee presents the problem to the Management Company if the problem is unresolved.

4. The Management company counsels and advises the employee, assists in putting the problem in writing, and visits with the employee’s manager(s).

Not every problem can be resolved to everyone’s total satisfaction, but only through understanding and discussing mutual problems can employees and management develop confidence in each other. This confidence is important to the operation of an efficient and harmonious work environment.

Dispute Resolution Process

STAGE 1: INFORMAL ACTION

The aggrieved party must first attempt to resolve workplace disputes through internal problem­ solving procedures, which begin with clear communication of the dispute to the other party as follows:

1. Within 7 days of the first realization of discomfort or dispute, the aggrieved party shall communicate in writing to the other party or parties involved in the matter a Notice of Dispute that shall:

  • Itemize the specific actions or inactions causing the discomfort or dispute;
  • State specifically what is needed to satisfy the aggrieved party with respect to each cause of the discomfort or dispute;
  • Specify precise and reasonable time frames within which corrective action is requested to be accomplished to satisfy the aggrieved party;
  • Indicate when and where the aggrieved party can be contacted to discuss and clarify, if necessary, items in the Notice of Dispute.

2. Within the reasonable time frame requested (or 7 – 14 days), the other party shall communicate in writing a response. Such response shall:

  • Identify areas of agreement and/or disagreement;
  • Clarify or correct disparities in factual allegations or perspectives;
  • Request or identify questions or areas which require further information from the aggrieved party;
  • Offer a proposed ·solution or next step to negotiate a solution.

3. The parties shall then make every effort to “clear the air” and arrive at a cooperative means of eliminating the grievance or dispute, using courteous and non-confrontational language, focusing on issues rather than on individuals. Parties are encouraged to take accountability and make concessions where possible, rather than to assess blame or engage in any form of hostility. A good faith effort in Stage 1can often lead to a quick resolution of disputes. During this Stage, parties to the dispute shall in good faith strive to communicate with each other in order to:

  • Clarify where the parties are already in agreement;
  • Listen to the other person’s feelings and position;
  • Explore methods of resolution; and
  • Identify any and all remaining items of dispute.

After the Notice of Dispute, and initial response, communication may be in person or in writing, as long as the goal is to ensure there is clarity of understanding about the dispute, and each other’s position. Even where the ultimate goal of eliminating remaining disputes cannot be accomplished, the parties should focus on any areas of agreement and strive to identify the specific issues remaining unresolved before moving forward.

STAGE 2: MEDIATION

Mediation means presenting facts in a dispute to a neutral third-party expert who guides the discussion and attempts to help the parties reach mutual agreement based on the parties’ needs and interests. The mediator may, among other things, question each party individually or collectively, listen to arguments, and make settlement suggestions. Mediation is a voluntary non-binding process that requires both parties to agree to a resolution before any settlement can be made. Mediation is the most straightforward, cost-effective and successful method of examining and resolving disputes with the assistance of an outside party.

If after Stage 1, the complaint is not fully resolved; the aggrieved party has the option of requesting outside mediation, which shall be administered by the independent American Arbitration Association (AAA). Because this process is by its nature completely voluntary, either party may choose to skip this stage and move directly to Stage 3.

The aggrieved party initiates the outside dispute resolution process by notifying the other party by certified or registered mail (return receipt requested) of the desire to resolve the issue by mediation. The written notice shall identify and describe the nature of the claims asserted and the surrounding facts. This Notice of Intent shall be followed by a written request to AAA for mediation (Exhibit 1- Mediation Request Form). Each party to the mediation shall be responsible for an initial standard filing fee charged by the AAA to mediate the claim.

If the aggrieved party is an employee, once the aggrieved party requests mediation and pays the filing fee, Employer shall pay subsequent costs of the mediation, subject to an alternate agreement by the parties. In all cases, each party shall pay its own “other” mediation-related expenses, including lawyer’s fees and costs, if any.

Should the aforementioned payment method conflict with the method prescribed by the American Arbitration Association’s Employment Arbitration Rules and Mediation Procedures (formerly called the “National Rules for Resolution of Employment Disputes”), the Employment Arbitration Rules and Mediation Procedures then in force shall apply.

STAGE 3: BINDING ARBITRATION

If after Stage 2 the dispute remains unresolved and either party chooses to pursue unresolved grievances, the next step is binding AAA arbitration. To initiate binding arbitration, the aggrieved party shall submit a request for AAA arbitration (Exhibit 2 – Arbitration Request Form). Arbitration involves the selection of an independent and neutral third party selected by AAA . The arbitrator decides the outcome of the case after all parties present arguments at private hearings, in accordance with AAA’s “Model Employment Arbitration Procedures” in effect when written notice of claim is given.

The arbitrator shall apply the substantive law of the state in which the claim arose, or federal law, or both, as applicable to the claims asserted. Application of state law is not intended to preempt the application of the Federal Arbitration Act (FAA). The arbitrator may grant any remedy or relief the arbitrator deems just and equitable, including, but not limited to, any remedy or relief that would have been available if the matter had been heard in court. Though less formal, and far less costly than a court trial, arbitration is an orderly proceeding governed by standard rules of procedure and legal standards of conduct. The arbitrator’s decision is final and binding on both parties.

In order to avoid any financial barrier to an employee bringing legitimate claims, the maximum fee for the employee to file a Demand for Arbitration will be $175. The remaining administrative fees for an arbitration filed in good faith by an employee will be paid by Employer. If after the arbitration, the arbitrator makes a determination based on fairness that the employee should pay a greater share of the arbitration fees, the parties will be bound to such an award. Once the aggrieved party requests arbitration and the processing fees are paid, Employer agrees to participate in the arbitration process.

Should the aforementioned payment method conflict with the method prescribed by the American Arbitration Association’s National Rules for Resolution of Employment Disputes, the National Rules for Resolution of Employment Disputes then in force shall apply.

The arbitrator can award the prevailing party appropriate costs and attorneys’ fees, in accordance with applicable laws, statutory claims and AAA’s National Rules for Resolution of Employment Disputes. Moreover, the arbitrator is strongly encouraged to award such fees and costs to the prevailing party, unless doing so would seem unduly harsh. If no such award is made, each party shall pay for its own costs and expenses associated with the arbitration, including attorneys’ fees and costs, if any.

ATTORNEYS

Each party has the right to an attorney and may consult a lawyer or other advisor at any time and at their own expense during the ADRP process. If a party intends to use a representative, that party must notify the other party of the name, address and telephone number of its representative within ten (10) days of delivery of a request for mediation/arbitration or ten (10) days prior to the representative’s participation in the process, whichever is earlier.

DISCOVERY

All parties will have a fair opportunity to present their claim(s) during arbitration, pursuant to the Federal Rules of Civil Procedure, and subject to any limitations agreed to by the parties or determined by the arbitrator. Each party has the right to take the depositions of any relevant individuals as well as any expert witness designated by the other party. Each party has the right to request relevant documents from any party, at the cost of the requesting party. Either party may submit a request to the arbitrator for additional discovery, additional depositions or to resolve discovery disputes, including a claim regarding privileged documents or other pre-hearing disputes.

WITNESSES

In arbitration, each party has the right to subpoena witnesses and documents, present evidence and arguments, and hear and challenge the other party’s evidence and witnesses.

REMEDIES AND AWARD

The arbitrator shall have the authority to award whatever remedies would have been available through state or federal court, when supported by credible, relevant evidence. The Arbitrator shall provide a written opinion and award, with findings and conclusions, which shall be kept confidential among the parties. The parties agree that judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof.

REQUEST FOR MEDIATION WITH AMERICAN ARBITRATION ASSOCIATION

Date: __________________________________

To: Of:
Company if any
Address:
City: State: Zip Code:
Phone: Fax:

The undersigned party to an agreement or policy dated ____________________, providing for mediation under the National Rules for Resolution of Employment Disputes of the American Arbitration Association, hereby requests mediation thereunder. (Attach a copy of the Alternative Dispute Resolution Policy).

Nature of Dispute: Attach additional sheets if necessary.

Type of claim or relief sought:
Type of business:
Mediation locale requested:
City State

You are hereby notified that copies of our mediation agreement and of this are being filed with the American Arbitration Association __________________________ office, with the request that it commence the administration of mediation.

Signed: Title:

To Be Completed by the Parties

Name of Filing Party:
Address:
City, State, Zip Code:
Phone: Fax:
Attorney/Representative: If any
Firm: If applicable
Address:
City, State, Zip Code

To institute proceedings, please send three copies of this request with the administrative fee, as outlined in the appropriate rules, to the AAA. Send the original request to the responding party. If you have any questions, please contact the AAA, or visit their website at www.adr.org.

DEMAND FOR ARBITRATION WITH AMERICAN ARBITRATION ASSOCIATION

To: Of:
Company if any
Address:
City: State: Zip Code:
Phone: Fax:
Name of Attorney/Representative: If any
Firm: If applicable
Address:
City, State, Zip Code
Phone: Fax:

The below named claimant, a party to an arbitration agreement or program which provides for arbitration under the National Rules for Resolution of Employment Disputes of the American Arbitration Association hereby demand arbitration thereunder. (Attach a copy of Alternative Dispute Resolution Policy).

Nature of Dispute: Attach additional sheets if necessary
Type of claim or relief sought: Amount, if any
Type of business
Hearing locale requested
Employee’s Annual Wage Range (CA) □ under $100,000 □ $100,000-$250,000 □ over $250,000

You are hereby notified that copies of our arbitration agreement and of this demand are being filed with the American Arbitration Association at its office. You may file an answering statement, within the time frame specified in the policy, or within ten days after notice from the AAA, whichever is later.

Signed: Title: Date:

Claimant Information

Name of Claimant: □ Employee □ Employer
Address:
City, State, Zip Code
Phone: Fax:
Attorney/Representative: if any
Firm: if applicable
Address:
City, State, Zip Code
Phone: Fax:

To institute proceedings, please send two copies of this Demand, and the Dispute Resolution Agreement with the filing fee as provided in the Rules, to the AAA. Send the original demand to the responding party. If you have any questions, please contact the AAA, or visit their website at www.adr.org.

Appendix A – Nitrous Oxide Use Policy

Applicability

Texas Dental Center (herein ‘the Practice’) has prepared this policy for the information and guidance for those who work with or may be exposed to nitrous oxide. It applies to employees, visitors, dentists, contractors and any individual present at any facility owned or operated by the Practice.

Scope and Purpose

The purpose of the nitrous oxide policy is to establish procedures and guidelines to protect the health and safety of those who may be occupationally exposed to nitrous oxide. This will minimize exposure to concentrations of nitrous oxide which exceed recommended exposure limits set forth by the National Institute of Occupational Safety and Health (NIOSH).

Requirements

  • Control Measures

The following control/precautionary measures have been documented to reduce the breathing zone concentrations of nitrous oxide and may be implemented in the case of exposures exceeding 25 ppm:

    • Limit/modify the use of nitrous oxide. Minor modifications in an anesthetist’s work the Practices can substantially reduce anesthetic exposure
    • Use an adjustable, well-fitting nose mask.
    • Minimize speech by the patient during dental procedures, and use a rubber dam.
    • Initiate regular preventative maintenance procedures for anesthetic equipment.
    • Perform periodic leak testing of equipment.
    • Provide continuing education to personnel.

Exposure and Leak Monitoring

Waste anesthetic gases, although not yet covered by federal regulations, have long been recognized as health hazards to operating room and dental personnel. Many different materials are used along with nitrous oxide to anesthetize patients but, for ease of monitoring, the nitrous oxide component of anesthetic gas mixtures is generally regarded as an indicator of exposure. For a normative mixture of waste anesthetic gases, if the concentration of nitrous oxide is less than a 25 ppm time-weighted average (TWA), it is assumed that the levels of other gases are acceptable. Nitrous oxide enters the body by inhalation and is readily absorbed through the lungs and transported throughout the body. Short-term or acute exposure to nitrous oxide may cause headaches, nausea, fatigue and irritability. Long- term or chronic exposure is suspected of causing serious health problems including increased incidence of spontaneous abortions, congenital abnormalities and liver, kidney and nerve disorders.

the Practice will conduct regular leak test surveys in all nitrous oxide use. The results of the survey will be submitted to the management of the Practice for correction if needed. Correction and re-testing will be done within 30 days of the initial survey.

Maintenance

Periodic maintenance of all anesthetic gas-delivery equipment is essential to verify proper gas delivery and to remedy leaks. Maintenance is the responsibility of the department. Maintenance must be coordinated with the appropriate service providers.

Precautions for Pregnancy and Conception

Personnel who are pregnant or are expecting to become pregnant should not work in areas where nitrous oxide is used. Chronic exposure to nitrous oxide in excess of 50 ppm has been shown to increase the probability of spontaneous abortion and decrease the probability of conception. However, brief excursions above 50 ppm have not been demonstrated to adversely affect women’s health. Situations may be evaluated on a case-by-case basis by EHRS.

References:

ACGIH [2001]. Documentation of the Threshold Limit Values and Biological Exposure Indices. 7th ed. Cincinnati, OH: American Conference of Governmental Industrial Hygienists.

Donaldson D, Meechan J.G., The Hazards of Chronic Exposure to Nitrous Oxide: an update. British Dental Journal 1995; 178: 95-100.

NIOSH [1999]. Control of Nitrous Oxide in Dental Operatories. Applied Occupational and Environmental Hygiene 1999; 14: 218-220.

NIOSH [1994]. Controlling Exposure to Nitrous Oxide During Anesthetic Administration. Cincinnati, OH: U.S. Department of Health and Human Services, Public Health Service, Centers of Disease Control, National Institute of Occupational Safety and Health, DHHS (NIOSH) Publication No. 94-100.

Appendix B – Attendance Policy Agreement

The purpose of this policy is to set forth Texas Dental Center’s (here “the Practice”) statement of policy and procedures for handling employee absences and instances of tardiness. Punctual and regular attendance is an essential responsibility of each employee at the Practice. Any tardiness or absence causes problems for fellow employees and supervisors. When an employee is absent, others must perform the work, which diminishes the smooth functioning of the “The Practice”. Clinical Director or Office Manager may be considered an employee’s Supervisors based on the job description. The employee is expected to know their supervisor’s information. All Employees are expected to report to work as scheduled, on time and prepared to start work. Employees also are expected to remain at work for their entire work schedule. Late arrival, early departure or other absences from scheduled hours are disruptive and must be avoided. The purpose of this policy is to promote the efficient operation of the Practice and minimize unscheduled absences. Any employee who fails to report to work without notification to his or her supervisor for a period of three hours or more will be considered to have voluntarily terminated his or her employment relationship.

Absence

“Absence” is defined as the failure of an employee to report for work when the employee is scheduled to work. The two types of absences are defined below:

  1. Excused absence occurs when all three of the following conditions are met: a) the employee provides sufficient notice to his or her supervisor, b) the reason is found credible or acceptable by his or her supervisor (see number 2 below), c) such absence request is approved by his or her supervisor.
  2. Unexcused absence occurs when one of the three conditions in number 1 is not met. If it is necessary for an employee to be absent or late for work because of illness or an emergency, the employee must notify his or her supervisor no later than 15 minutes after the employee’s scheduled starting time on that same day. If the employee is unable to call, he or she must have someone make the call for the employee.

Accumulated three hours OR three instances of unexcused absence may subject an employee to immediate termination. Progressive discipline will be administered according to the table in the section “Progressive Discipline for Unexcused Absences” below.

Employees who have excused absences because of illness or injury must give “The Practice” proof of physician’s care. If an illness or injury prevents an employee from performing his or her regularly scheduled duties, a physician’s statement must be provided verifying if and when the employee will be able to return to work, if applicable, and c) whether the employee is capable of performing his or her regularly scheduled duties, and if not, what duties the employee is capable of performing. The employee is responsible for providing “The Practice” with the above-described physician’s proof of physician’s care. Without an acceptable excuse, the employee may be subject to immediate termination.

Sufficient Notice

To be considered an excused absence as defined above, sufficient notice must be given to the supervisor. Sufficient notice is:

  1. For a scheduled absence of eight hours or more, employees must give a notice of one calendar week (seven days).
  2. For a scheduled absence of less than eight hours, employees must give a notice of two working days. (No exceptions, other than Family Medical and Leave Act-qualified leave or as a reasonable accommodation under the Americans with Disabilities Act).
  3. For an emergency absence occurring a) at the beginning of an employee’s shift, the employee must notify his or her supervisor within 15 minutes after the beginning of the shift, and b) during an employee’s shift, the employee must notify his or her supervisor prior to leaving the premises. In the case the employee is not able to provide any notice due to the nature of the emergency a written excused absence notice should be provided from a licensed physician describing the timing of the emergency.

An employee’s supervisor must approve any exceptions to this provision or any conflicts in scheduling.

Tardiness

Employees are expected to report to work on time. If employees cannot report to work as scheduled, they should notify their supervisor no later than 15 minutes after their regular starting time. This notification does not excuse the tardiness but simply notifies the supervisor that a schedule change may be necessary. Failure to provide the notice will result in consideration of the tardiness as an “unexcused absence” incident.

There is a five-minute grace period in the morning and a two-minute grace period when coming back from lunch. Supervisors will track when this grace period is used in excess, i.e., more than 3 times. Once an employee has used 3 grace period allowances, he or she will forfeit use of a grace period, and any tardiness will result in an unexcused absence.

Progressive Discipline for Unexcused Absences

First instance and all future instances totaling fewer than 3 hours or less than total 3 incidences for employee Written warning
At 3 hours of accumulated unexcused absences or at 3rd incidence of unexcused absences. Subject to termination

 

Appendix C- Alternative Dispute Resolution Policy

Alternative Dispute Resolution Policy for TEXAS DENTAL CENTER

TEXAS DENTAL CENTER (hereinafter “Employer”) knows disputes occur in every workplace. At times, even routine disagreements can get out of hand, especially when there are no resources or procedures for resolving them. Grievances can be time-consuming and costly to both parties, especially if they end up in court, where attorneys are often the only ones who always win. Unresolved disputes are emotionally burdensome and undermine the positive working environment we strive so hard to maintain. In contrast, when conflict is resolved effectively, it can lead to increased understanding, improved self-knowledge, and personal and professional growth.

Convinced there must be a better way, we have implemented an alternative procedure for employer and employees to resolve work-related grievances and issues of legal rights. This procedure is intended to be straightforward, fair, confidential, swift and economical. It allows us to avoid the slow and costly process of settling disagreements through the court system, while preserving the substantive rights of both employees and the employer.

We believe this Alternative Dispute Resolution Policy (ADRP) provides an even-handed, fair, and efficient method for resolving most disputes, not through costly litigation, but through clearly defined internal problem-solving procedures. When internal communications are not enough – such as when an employee thinks a legal right has been abused – ADRP provides for an outside fact-finding process using neutral mediation and/or arbitration procedures. We believe that a good faith use of the ADRP process can resolve virtually every disagreement that may arise.

BINDING POLICY

This Policy is mandatory and mutually binding on both the Employer and its Employees. Employer has adopted the Alternative Dispute Resolution Policy as a condition of any offer of employment for all new employees, as of the effective date of this document. All employees who continue employment with Employer thirty days after receipt of this policy will be deemed to have agreed to and accepted this policy as the sole and exclusive method for resolving covered workplace disputes and issues of legal rights.

This policy does not alter the “at will” status of any employee. Unless otherwise agreed upon by written contract, employment with Employer is not promised for any fixed term or definite period and may be terminated at the will of either party with or without notice, with or without cause, and without resort to this policy.

MEDIATION AND ARBITRATION

This Alternative Dispute Resolution Policy requires that, as an alternative to resorting to litigation, aggrieved parties must attempt to resolve workplace disagreements by complying with prescribed internal procedures and, failing that, through use of private, independent mediation and/or arbitration administered by the American Arbitration Association (AAA). More information on the Dispute Resolution Process is provided below.

TERM OF ADR POLICY

The provisions of this policy shall survive termination of employment and shall apply to claims regardless of whether it arises or is asserted during or after termination of an employee’s employment.

TIME LIMITATIONS

Requests for outside resolution (mediation or arbitration) of workplace grievances must be submitted as described herein within 180 days of the date the dispute arose or the date on which the aggrieved party first became aware of the grievance, whichever is later, unless governed otherwise by applicable law. Notwithstanding the forgoing, the parties shall comply in all cases with statutes of limitations for workplace disputes in accordance with federal or state law, which may vary from state to state. The limitation period shall continue to run during any period when the ADRP is being used by an employee to resolve a workplace grievance with management. The limitation period shall also run concurrently with any administrative claim process filed with the EEOC, NLRB, or equivalent state department.

CLAIMS COVERED

Claims covered by this policy include, but are not limited to, claims related to termination of employment; claims for wages or other compensation due; claims for breach of any contract or covenant, express or implied; tort claims; claims of harassment; claims for discrimination, including, but not limited to, discrimination based on race, gender, sexual orientation, religion, national origin, age, marital status, genetic information, handicap, disability or mental condition; wage and hour violation claims; claims for retaliation; claims for alleged violation of federal, state or other government constitution, statute, ordinance or regulation; and claims for benefits, except as excluded in the following section.

By way of example only, such claims include claims under federal, state and local statutory or common law, such as Age Discrimination in Employment Act, Title VII of the Civil Rights Act or 1964, as amended, including the amendments of the Civil Rights Act of 1991, the Americans with Disabilities Act, the law of contract and the law of tort. Disputes arising out of a collective bargaining agreement between a union and an employer are only covered where the CBA indicates an agreement to be subject to arbitration.

CLAIMS NOT COVERED

This Alternate Dispute Resolution Policy does not apply to, or cover claims for, worker’s compensation benefits; claims for unemployment compensation benefits; or claims for injunctive and/or other equitable relief, such as for unfair competition, unauthorized disclosure of trade secrets or confidential information; or claims based on an employee insurance, pension or benefit plan containing a non-judicial dispute resolution procedure, in which case the provisions of such a plan shall apply. Nothing in this policy restricts the right of employees to file charges directly with local, state, or federal governmental protection entities such as, without limitation, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Department of Labor.

NOT A MANAGEMENT TOOL

This Alternate Dispute Resolution Policy is not a management tool. It is for the resolution of employee-employer disputes that might otherwise be the subject of litigation. It should not be interpreted or understood that the existence of this policy in any way implies that the outlined process need be used in the normal management of company employees.

Before an aggrieved party can refer a work-related or legal rights dispute to the legal system, the party must first initiate and fully comply in good faith with the following Alternative Dispute Resolution Process, with the understanding that the matter or matters of dispute will be resolved in whole or in part at the earliest possible stage.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement.

MODIFICATION

Employer has the right to modify or rescind this ADRP in its sole discretion. Employer agrees to notify its current employees of any such changes in writing, thirty days prior to the effective date of such changes. Such changes will not affect disputes already in process of resolution prior to the effective date of any modification, unless the parties mutually agree otherwise.

PENALTIES FOR VIOLATION OF THIS POLICY

The arbitrator shall be the sole authority to decide issues of enforceability, interpretation, or applicability of this ADRP. If either party to a dispute covered by this ADRP commences suit in court rather than by following this ADRP policy, it is a breach of this Agreement and the other party may seek to have the case dismissed. If the court agrees that the suit was filed in breach of the agreement to arbitrate and/or that the suit was filed in court in bad faith, the party that brought the suit agrees to be liable for the reasonable attorneys’ fees and costs incurred by the other party in defending the suit and obtaining dismissal.

Appendix- D NONDISCLOSURE

Confidentiality and Nondisclosure Policy for TEXAS DENTAL CENTER

TEXAS DENTAL CENTER (hereinafter “Employer”) desires to encourage and foster an atmosphere of trust and confidence in its employees, consultants and other business associates. In building such relationships, all parties must recognize the need for strict confidentiality in order to safeguard the proprietary and other business interests of Employer and the privacy of its customers, clients, patients and other business associates.

Accordingly, Employer has adopted this “Confidentiality and Nondisclosure Policy.” The purpose of this policy is to ensure that each employee, consultant and business associate of Employer is aware of the costly significance and consequences that will result from violation of this policy by the unauthorized disclosure of sensitive and confidential matters related to Employer. In order to avoid costly and time­ consuming litigation that could result from violations of this policy, Employer has established specific procedures that shall be followed when a violation within the scope of this policy arises between Employer and an employee, consultant or other business associate.

BINDING POLICY

This policy is binding upon, but not limited to, all persons or entities, including employees of Employer and principals, agents, employees, independent contractors, consultants and professionals who work for the benefit of Employer. This policy applies to newly hired employees and current employees as a condition of their employment. This policy, when written acceptance is evidenced, also shall be considered a binding agreement between Employer and its independent contractors, advisors and consultants, as well as their employees, agents and principals.

PURPOSE OF THIS POLICY

The purpose of this policy is to reduce to writing the moral, ethical and legal commitment to maintaining the highest level of confidentiality as it pertains to private, secret, sensitive or confidential information, matters or issues (restricted information or material) of Employer, which employees, independent contractors, advisors and consultants as well as their employees, agents and principals may learn as a result of association or employment with Employer.

To maintain the highest level of confidentiality means that employees, independent contractors, advisors and consultants as well as their employees, agents and principals will not disclose, communicate or otherwise transfer restricted information or material for any reason whatsoever to any person or party who is not another covered party or is a covered party but the transfer is not for the business purposes of Employer. Moreover, a covered party shall not knowingly allow or indirectly assist any other person or entity to commit any act or undertake any effort that would violate the terms or spirit of this policy.

This policy is not intended to restrict activity protected by federal law, including, but not limited to, Section 7 rights. Accordingly, employees are not prohibited from participating in concerted activity or communication among or between employees regarding wages or conditions of employment.

RESTRICTED INFORMATION

Restricted information or material shall include, but not be limited to, all information, matters and issues, whether known to the public or not, that would be considered private, secret, or confidential by a reasonable person of normal sensibilities and sensitivity.

Such information or material shall include, but not be limited to:

All trade secrets; business and marketing plans; non-public documents; product development ideas; proprietary ideas; inventions; techniques; know-how; technical data or information; vender or referral contacts, patient lists and patient information; marketing techniques; financial records and research.

Such restricted information or material shall include all of the above whether learned prior to, during, or after any association between Employer and its employees, independent contractors, advisors and consultants as well as their employees, agents and principals.

COVERED PARTIES

As of the effective date of this policy, all newly hired employees and existing employees are covered by this policy as a condition of employment. Independent contractors, advisors and consultants who have signed this Policy, as well as their employees, agents and principals, also are “covered parties,” as specified in the “Binding Policy” section above.

TERM

The obligation by all covered parties to maintain the confidentiality of restricted information or material as described in this policy shall continue indefinitely after the effective date of this policy, including after the termination of employment or any other association with Employer.

REFUSAL TO ACKNOWLEDGE RELEASED OR EXPOSED RESTRICTED INFORMATION

We understand that some restricted information may be public knowledge or a matter of public speculation and may be repeated by others who are not privy to or willing to acknowledge the confidential nature of such restricted information. In such cases, covered parties will use their best efforts to keep such restricted information from further publication or other public disclosure and, at the very least, refuse to discuss it or acknowledge it in any way.

RETURN OF CONFIDENTIAL INFORMATION, DOCUMENTS AND RECORDS

A covered party who, in violation of this policy, possesses tangible items that contain or represent restricted information, shall immediately deliver, convey, or return all such documents and copies or items thereof, regardless of how or from what source such items were obtained, to Employer or its representative.

INJUNCTIVE RELIEF

In the event a disclosure by a covered party of restricted information results or may result in imminent or irreparable harm to Employer, Employer may, in addition to implementing required dispute resolution procedures prescribed below, proceed concurrently, immediately and directly to a court of competent jurisdiction to seek temporary injunctive relief from the continued unauthorized disclosure of restricted information, according to local laws and rules of procedure. Nothing in this policy is intended to restrict a court’s authority to award monetary compensation, compensatory relief, or other legal remedy.

Employer also shall be entitled to injunctive relief from an arbitrator, selected by the American Arbitration Association, upon reasonable proof of a violation of this policy. Employer shall be entitled to a reasonable amount of monetary compensation or other such valuable compensatory relief from a covered party who violates this policy as the arbitrator deems appropriate after taking all factors of the dispute into consideration. The procedure for initiating arbitration shall be followed as specified in Step 2 of the dispute resolution procedure below.

DISPUTE RESOLUTION PROCESS

Except as stated above in .the “Injunctive Relief” section, all parties agree that before any dispute over an alleged violation of this Confidentiality and Nondisclosure Policy by a covered party may be referred to the legal system, the parties must first initiate and fully comply with the “Dispute Resolution Process,” as set forth in Employer’s Alternative Dispute Resolution Policy, incorporated herein, with the understanding that every effort shall be made to resolve the dispute in whole or in part as early as possible.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement.

APPENDIX E – PROGRESSIVE CORRECTIVE COACHING

Progressive corrective coaching is a process designed to identify and correct problems or behaviors that affect an employee’s work performance and/or the overall performance of the Practice. It is the intent of the Practice to handle this process consistently with each employee and for each problem. The goal is twofold. One is to create a record of an employee’s progress and performance to assist with performance assessment. The second is to clearly communicate the expectations of the Practice to the employee so that the employee has an opportunity to self-correct any issues. It in no way modifies the at-will status of your employment.

The Progressive Corrective coaching process refers to the steps outlined below. In determining the proper course of corrective action, and at the discretion of the Practice, management may repeat, modify, or skip any step based on the facts of the specific case. For example, in cases determined to be of a serious nature, immediate termination of employment may be warranted. Each case will be considered on an individual basis. Corrective action notices, even if verbal, may be kept in an employee’s file indefinitely.

The corrective action process may include any or all of the following steps:

• Verbal Counseling – An informal verbal communication intended to bring concerns to your attention for your correction. While no formal disciplinary record is made, a notation in your personnel file may be made of the date and nature of the problem.

• Written Counseling – A discussion is conducted and a written record of our concerns is created. You will be asked, and expected, to change your behavior in a specific manner and to acknowledge by your signature that the counseling was received.

• Final Written Warning – One or more continued failures to meet expectations may warrant this step, in which a document is created as above, with the understanding that any further failure to meet the expectations of your position will likely result in termination.

• Fact Gathering Suspension – For serious infractions requiring further investigation, you may be suspended. If you are terminated while on suspension, you will be notified of the termination date, which will not be later than your last day worked. If you are excused or exonerated, you will be paid for your scheduled time while suspended. If your employment is continued despite our conclusion of your responsibility for the suspected violation or wrong doing, the time off will be without pay.

• Termination – Terminations may occur immediately, or after written warnings are issued to employees who fail to meet performance or behavioral expectations. Terminations may also occur as a result of an employee’s refusal to sign a corrective action notice or acknowledgement of receipt of company policy.

APPENDIX F – Over Time Policy

To optimize the office performance and giving all team members fair amount All overtime hours must be pre-approved for all staff employees. All employees are required to adhere to this policy. Overtime will not be permitted without prior approval. Violation of this policy may result in immediate termination and (or) a fine up to $2000 payable to The Practice within 2 business days upon each incidence of the violation. All overtime requests are to be submitted at least 2 business days prior to the requested overtime.

You are required to keep a copy of your overtime request for 30 business days after each request is approved or denied. The procedure for overtime approval is as follows:

  • Justification must be written for requested overtime.
  • Form must indicate the following: employee name, and scheduled to work, and the number of overtime hours requested, including start and end time.
  • All overtime forms must have the immediate supervisor’s signature.
  • Dental Director has final approval for overtime requests.

I __________________________ have received a copy of this policy and a copy of the overtime request form and I will abide with the policy.

Employee’s name: __________________________

Date: ______________________________________

Signature: ___________________________________

Over Time Request Form

Employee Requesting: _______________________________ Date: ________

Overtime Justification Request

Total number of overtime hours:

Detailed overtime hours request:

Date Overtime hours

Employee’s signature: ___________________________________ Date: _________

Supervisor Decision: Approved Denied

Supervisor’s signature: ___________________________________ Date: _________

Dental Director/Dentist’s Decision: Approved Denied

Dental Director/Dentist’s signature: _________________________ Date: _________

Appendix G – EMPLOYEE NOTICE OF DISCIPLINE

Employee’s Name /Employee ID # Work Location Date of Discipline Action Given
Date of Occurrence Location of Occurrence Supervisor Issuing Action

Violation

  • Attendance
    • Unauthorized Absence.
    • Tardiness
  • Insubordination
  • Conduct
  • Endangerment to others
  • Vile, Foul, or Abusive Language
  • Safety/Carelessness
  • Willful Damage to the Practice Property
  • Harassment
  • Falsification of Documentations
  • Other
  • Violation of the Practice Policy (indicate policy)

Violation Statement (attach any supporting documentation)

Signed by Supervisor Issuing Action Date Position

Disciplinary Action

  • Oral Reprimand
  • Suspension without pay _____ days
  • Recommendation for Termination
  • Written Reprimand
  • Sent Home without Pay
  • Administrative Leave with Pay

Corrective Actions to be Taken

Corrective Actions/Timeframe:

  • I have read this Notice of Discipline and understand it. (Employee needs to sign each page of supporting documentation also to verify they have been made aware of that)
  • Employee refused to sign this form and all attached documentation
Employee’s Signature Date
Supervisor’s Signature Date
Witness’s Signature Date

The above disciplinary action has been noted and this form will be made part of the above employee’s permanent file, as of this date.

Supervisor’s Signature Date
Owner Dentist Date

Strive to provide disciplinary action to be positive and corrective in nature, whenever possible. The severity of the discipline administered shall be no greater than necessary to achieve the desired result.

Types of disciplinary action:

Oral Reprimand – An oral discussion with the employee during which the supervisor, program coordinator, or director notifies him/her of the nature of the violation, the corrective action necessary, and the consequences of future violations, and obtains the employee’s commitment to corrective action. An oral reprimand is to be documented.

Written Reprimand – A written reprimand is written notification to the employee concerning unacceptable performance or conduct, the corrective action necessary, the consequences of failure to bring about corrective action. This is usually the second step for a minor violation.

Suspension – Suspension is a written notice given by the Program Coordinator/Director to the employee suspending him/her for up to three days per infraction without pay. This is usually the third step involving a minor infraction, the second step for a more serious offense, and the first step for an even more serious offense.

Sent Home without Pay – A supervisor has the ability to send an employee home immediately without pay for the remaining shift due to inappropriate actions.

Termination – Termination is taken by the Program Coordinator/Director with board approval to terminate an employee’s employment with the district. A recommendation for termination is usually the fourth step involving offenses of a minor nature, the third or second step in more serious offenses, and the first step in flagrant violations.

EMPLOYEE WRITTEN WARNING

Employee’s Name /Employee ID # Work Location Date of Discipline Action Given
Date of Occurrence Location of Occurrence Supervisor Issuing Action

This shall serve as a written warning for above employee. Statement of Violation(s):

Statement of Violation(s):

Corrective Actions needed to take place by employee:

Amount of time allowed for improvement:

  • I understand the above violations and have discussed them with my supervisor/program coordinator/director and agree to take steps to meet the corrective actions in a timely manner.
  • Employee refused to sign this form and all attached documentation
Employee’s Signature Date
Supervisor’s Signature Date
Witness’s Signature Date

APPENDIX H – EMPLOYEE TIME-OFF REQUEST FORM INSTRUCTIONS

    1. Each employee should file this form when requesting time off at least 30 days prior to the requested time.
    2. Forms must be completed and signed by the supervisor (office manager) and the owner dentist(s).
    3. Once form is signed the office manager make an electronic copy of the signed request.
    4. The electronic copy should be saved in employee’s folder on the server.
    5. The paper copy of the signed request should be kept in employee’s physical folder.
    6. If the employee’s request is approved, it is both office manager’s and the employee’s responsibility to make sure this is posted on the dental management software (OpenDental) as a block (yellow color).

Failure to follow the above steps may result in rejecting the time-off request at any time even after approval.

EMPLOYEE TIME-OFF REQUEST FORM

Employee’s Name: ____________________ Date of Request: _____________________

Number of Days Requested: _____________ Starting On: __________ Ending On: _________

The employee will return to work on : _______________________________________________

TYPE OF REQUEST

 Vacation

 Personal Leave

 Funereal/Bereavement Leave

 Jury Duty

 Late

 Family and Medical Leave

 Time Off to Vote

 Other

COMMENTS

I understand that time away from work is subject to management approval and company policies.

Employee’s Signature: ______________________________________________________

EMPLOYEE CERTIFICATION

I understand that the time away from work is subject to management approval and company policies. The terms and status of this approval might be subject to change per management desecration with minimum two business-days notice to the employee.

Employee Signature: ____________________________ Date: __________________________

APPROVAL

 Time off granted as vacation leave.

 Time off granted as sick leave.

 Time off granted without pay

 Time off granted with pay.

 Time off NOT granted.

Supervisor’s Name: ____________________ Supervisor’s Name Signature: ______________

Doctor’s Name: _______________________ Doctor’s Name: _________________________

Date: _______________________________________________________

APPENDIX I – Consensual Romance in the Workplace Agreement (Love Contract)

  1. This contract is developed for the employees and contractors at the Texas Dental Center (herein “the Practice”).
  2. Equal Employment Opportunity Workplace. The undersigned recognize and agree that it is the Practice’s policy to provide an equal opportunity in hiring, employment, promotion, compensation, and all other employment-related decisions without regard to race, color, religion, creed, national origin or ancestry, sex, age, being a qualified person with a physical or mental disability, veteran status, genetic information, or any other basis set forth in the applicable federal, state and local laws or regulations relating to discrimination in employment. The undersigned understand that the Practice does not tolerate unwelcome or offensive conduct or conduct that creates a hostile work environment that is in any way based on or related to a person having any of the characteristics described above.

The undersigned agree that they have received, read and understand the Practice’s employee’s manual core policies and agree to adhere to all of its terms.

  1. All Forms of Sexual Harassment Prohibited. The undersigned also recognize and agree that the Practice does not tolerate sexual harassment, a form of unlawful discrimination. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
  • submission to such conduct is made, explicitly or implicitly, a condition of an individual’s employment or advancement;
  • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  • such unreasonable conduct interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment.

The undersigned agree that they have received, read and understand the Practice’s employee’s manual core policies and agree to adhere to all of its terms.

  1. Consensual Relationship. We, the undersigned employees, have entered into a personal relationship with each other. We agree as follows:
  • Our relationship is entirely voluntary and consensual.
  • Our relationship will not have a negative impact on our work.
  • We will not engage in any public displays of affection or other behavior that might create a hostile work environment for others or that might make others uncomfortable.
  • We understand that one or both of us may need to transfer to another location to remove any conflicts of interest in our working environment. If a transfer will not remove the conflict of interest, we understand that one of us may have to resign or be demoted to remove the conflict of interest. We further understand that the Practice will first ask us to choose which of us will be subject to a transfer, demotion or resignation. If we fail to choose, the Practice will be forced to choose for us. We understand that the Practice will make such a decision without regard to any protected class characteristic and in compliance with the Practice’s employee’s manual core policies.
  • We will act professionally toward each other at all times, even after the relationship has ended.
  • We will not participate in any company decision-making processes that could affect each other’s pay, promotional opportunities, performance reviews, hours, shifts or career, while in this relationship and after the relationship ends.
  • We agree that, if the relationship ends, we will inform the Practice if we believe it is necessary to protect our rights or if the employee’s manual core policies is violated.
  • We each agree that, if the relationship ends, we will respect the other person’s decision to end the relationship and will not retaliate against the other person, engage in any unprofessional or inappropriate efforts to resume the relationship, or engage in any other conduct toward the other person that could violate the employee’s manual core policies.

[SIGNATURE PAGE FOLLOWS]

IN WITNESS WHEREOF, the undersigned have executed this [Certificate/Receipt] as of the [DAY OF MONTH] day of [MONTH], [YEAR].

Dated this _________________ day of ____________________, _____.

Employees:

________________________________

[EMPLOYEE NAME]

________________________________

[EMPLOYEE NAME]

Witness:

________________________________

[WITNESS NAME]

Acknowledgments of Receipt

In the following section, you will find all of the pages that need to be signed. First, is the Employer Acknowledgement, setting forth the effective date of the policies, which your Employer has already signed. Next, you will find the Acknowledgements of Receipt for employees to sign. There are three employee forms to sign in duplicate (six total), including two copies of the Acknowledgment for the Core HR Policies, and two copies each for the ADRP and CNDP. One set of the forms are for your Employer (Employer Copy), and one set is for you to keep (labeled Employee copy).

Employer’s Acknowledgement & Effective Date

The effective date of the Texas Dental Center’s Handbook, including the Core Policies, Alternative Dispute Resolution Policy, and Confidentiality and Nondisclosure Policy is indicated below.

Effective Date
Texas Dental Center (Owners’ signature)

Acknowledgments of Receipt by Employee-Employer copy (core policies)

This is to acknowledge that I have received a copy of the Core Policies and understand that they set forth the terms and conditions of my employment as well as the duties, responsibilities and obligations of my employment with the Practice. I confirm that I have been provided time for which I have been compensated to read the Core Policies and that I have read them. I understand and agree that it is my responsibility to abide by all of the rules, policies and standards set forth herein.

Specifically, and not in limitation of any other policy in the Core Policies, I have read, understood, and agree to abide by the Anti-Harassment Policy and Telephone, Email and Internet Policies. I further agree to allow the Practice to monitor my telephone, E-mail and internet usage, as well as other employer­ provided systems, to, among other things, ensure proper use and compliance with The Practice policies and standards.

I also acknowledge that my employment is at-will, is not for a specified period of time and can be terminated at any time for any reason, with or without cause or notice, by me or by the Practice. I acknowledge that no oral or written statements or representations regarding my employment can alter the foregoing, unless signed by an owner of the Practice. I also acknowledge that no manager or employee has the authority to enter into an employment agreement – express or implied – providing for employment other than at-will.

I also acknowledge that the Practice reserves the right to revise, delete and add to the provisions of these Core Policies. No oral statements or representations can change the provisions of these Core Policies. I also acknowledge that, except for the policy of at-will employment, the terms and conditions of employment with the Practice may be modified at the sole discretion of the Practice, with or without cause or notice, at any time. No implied contract concerning any employment-related decision, term of employment or condition of employment can be established by any other statement, conduct, policy or the Practice. I further understand that this agreement supersedes all prior agreement, understandings and representations concerning my employment with the Practice.

If I have questions regarding the content or interpretation of these policies, I will bring them to the attention of my manager.

Date ________________________________

Employee Printed Name ______________________________________

Employee’s Phone Number: ___________________________________

Employee’s Email Address: ___________________________________

Employee’s Address: ________________________________________

Employee Date of Birth ______________________________________

Employee Signature _________________________________________

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